Adjudged that the proceeding is dismissed, with costs.

The petitioner is seeking review of a determination whereby it was denied relief from a moratorium on the acceptance of applications for subdivision approval where the subdivision would result in the creation of more than two new lots. However, during the pendency of this proceeding before this court the moratorium expired, thereby rendering the proceeding academic (see, Matter of Adirondack League Club v. Board of Black Riv. Regulating Dist., 301 N.Y. 219; Lighting Horizons v. Kahn Co., 120 A.D.2d 648).

It has been alleged that a decision from this court could have a practical effect on the existing controversy (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707; Lighting Horizons v. Kahn Co., supra), because if we were to annul the determination and direct the respondents to entertain the petitioner's application for subdivision approval they would have to apply the law as it existed when the application was originally made. After the moratorium expired the village zoning ordinance was amended and the minimum lot area was increased from 2 to 4 acres (Local Laws, 1987, No. 13 of Village of Old Westbury). This claim is incorrect (see, Matter of Pokoik v. Silsdorf, 40 N.Y.2d 769; Matter of Shopsin v. Markowitz, 130 A.D.2d 494; Matter of Rosano v. Town Bd., 43 A.D.2d 728).

Since a determination on the merits in this proceeding would have no effect on the existing controversy, the proceeding is hereby dismissed. Mangano, J.P., Thompson, Brown and Sullivan, JJ., concur.