Today — exactly three months after New York Supreme Court Judge Milton A. Tingling dramatically struck down the Board of Health’s soda ban — the state appeals court considered the case. This news hits at the same time as the Health Department’s report that New Yorkers are more diabetic than ever. Yikes. Sit tight for now: It’ll be a while before a decision’s announced. Bloomberg’s not going down without a fight. [Earlier, AP, NYO]