Ordered that the appeal from the order entered February 10, 1988 is dismissed, as that order was superseded by the order dated June 6, 1988, made upon reargument; and it is further,
Ordered that the order dated June 6, 1988 is affirmed insofar as appealed from; and it is further,
Ordered that the respondents are awarded one bill of costs.
Pursuant to Local Laws, 1987, No. 2 of the Town of Brookhaven, the town placed a moratorium for six months on certain development within the town while its master plan was being updated. In our view, this moratorium "was a reasonable measure designed to temporarily halt development while the town considered comprehensive zoning changes and was therefore a valid stopgap or interim zoning measure" (Matter of Dune Assocs. v Anderson, 119 A.D.2d 574, 575; see also, Matter of Charles v Diamond, 41 N.Y.2d 318; Matter of Lakeview Apts. v Town of Stanford, 108 A.D.2d 914). Furthermore, contrary to the plaintiff's argument, the record contains no "special facts" which would except this case from the general rule that a case must be decided on the law as it exists at the time of the decision (Matter of Mascony Transp. Ferry Serv. v Richmond, 71 A.D.2d 896, affd 49 N.Y.2d 969; Matter of West Lane Props. v Lombardi, 139 A.D.2d 748).
We have reviewed the plaintiff's remaining arguments and find them to be without merit (Matter of West Lane Props. v Lombardi, supra; Tilles Inv. Co. v Town of Huntington, 137 A.D.2d 118, 122, lv granted 73 N.Y.2d 709; First Lutheran Church v Los Angeles County, 482 U.S. 304; cf., Turnpike Woods v Town of Stony Point, 70 N.Y.2d 735).
We note that since this is a declaratory judgment action, the judgment, when entered, should contain a declaration that Local Laws, 1987, No. 2 of the Town of Brookhaven is constitutional (see, Lanza v Wagner, 11 N.Y.2d 317, 334, appeal dismissed 371 U.S. 74, cert denied 371 U.S. 901). Mangano, J.P., Brown, Lawrence and Eiber, JJ., concur.