Opinion
June 23, 1997
Appeal from the Supreme Court, Suffolk County (Seidell, J.).
Ordered that the appeal from the order entered August 6, 1996, is deemed to be withdrawn pursuant to a letter dated January 15, 1997; and it is further,
Ordered that the cross appeal from the order entered August 6, 1996, is dismissed, as no appeal lies from an order denying reargument; and it is further,
Ordered that the order dated November 6, 1995, is reversed insofar as appealed from, on the law, the plaintiffs' motion for partial summary judgment on the first cause of action is denied, and, upon searching the record, the defendants are granted partial summary judgment dismissing the first cause of action as academic; and it is further,
Ordered that the defendants are awarded one bill of costs.
In March 1993 the plaintiffs commenced this action seeking, inter alia, a declaration that the moratorium on development within the western portion of the Town of Southampton was unconstitutional because it was excessively long. On July 23, 1995, the moratorium expired. Thus, the Supreme Court should have dismissed, as academic, the first cause of action, which sought a declaration that the resolution was unconstitutional because it was excessively long ( see, Flanders Assocs. v. Town of Southampton, 198 A.D.2d 328).
The defendants' contention that the Supreme Court should have dismissed the seventh, eighth, and ninth causes of action is not properly before us. The Town's notice of appeal specified that the appeal was limited to that part of the order granting the plaintiffs' motion for partial summary judgment on the first cause of action. Accordingly, the Town has waived the right to raise any issues regarding the remainder of the order ( see, City of Mount Vernon v. Mount Vernon Hous. Auth., 235 A.D.2d 516; Royal v. Brooklyn Union Gas Co., 122 A.D.2d 132, 133).
Mangano, P.J., Copertino, Florio and McGinity, JJ., concur.