Mr Yushchenko on Monday said he would not reverse his decision to call elections, but said: "I am today signing a decree calling back parliament for several days" so that lawmakers could vote on "amendments to the budget and several dozen measures to combat the crisis".
"I think it turns on whether the appellate division feels that the mayor has gone too far in ruling by decree in bypassing City Council, " said Rick Hills, a New York University law professor who has been following the case.