Opinion
April 29, 1996
Appeal from the Supreme Court, Suffolk County (Cannavo, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment ( see, CPLR 5501 [a] [1]).
Although the plaintiffs have standing to maintain this action ( see generally, Society of Plastics Indus. v. County of Suffolk, 77 N.Y.2d 761, 769-773), they have failed to rebut the Village's showing that the difference in volume and intensity of restaurant and residential outdoor cooking constitutes a rational basis to differentiate between a commercial and residential land use for the purposes of the availability of an outdoor cooking permit ( see, Lighthouse Shores v. Town of Islip, 41 N.Y.2d 7; Alevy v Downstate Med. Ctr., 39 N.Y.2d 326; Beyda v. Board of Trustees, 207 A.D.2d 517). As such, the Supreme Court properly granted summary judgment to the Village on both the cause of action under State law and the Federal civil rights cause of action pursuant to 42 U.S.C. § 1983 et seq. ( see, DiPalma v. Phelan, 81 N.Y.2d 754). Mangano, P.J., Balletta, Copertino and Hart, JJ., concur.