GREENS AT HALF HOLLOW HOME OWNERS ASSOCIATION, INC., ETC. res-ap, v. GREENS GOLF CLUB, LLC APPELLANTS-res — (INDEX NO. 22049/11)In an action, inter alia, pursuant to Town Law §268(2) to enforce a zoning ordinance, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Pines, J.), dated June 5, 2013, as denied those branches of the motion of the defendant Greens Golf Club, LLC, which were for summary judgment dismissing the first cause of action insofar as asserted by the individual plaintiffs, and the fifth and sixth causes of action, and granted that branch of the plaintiffs’ cross motion which was for summary judgment on the first cause of action insofar as asserted by the individual plaintiffs to the extent of enjoining Greens Golf Club, LLC, from allowing the community portion of the subject building and its associated outdoor recreational facilities to be used by anyone other than the residents of the subject residential planned use development and their guests, and the plaintiffs cross-appeal, as limited by their brief, from so much of the same order as granted those branches of the defendants’ separate motions which were for summary judgment dismissing the seventh cause of action, for summary judgment on the eighth cause of action, in effect, declaring that the defendants and their respective successors in title are not subject to future assessments by the Greens at Half Hollow Home Owners Association, Inc., for their fair share of annual common expenses incurred by the Greens at Half Hollow Home Owners Association, Inc., or its members, and for summary judgment on a portion of the ninth cause of action, in effect, declaring that the covenant to pay social membership fees to Greens Golf Club, LLC, runs with the land of the residential unit owners of The Greens at Half Hollow so as to bind subsequent purchasers, and denied those branches of their cross motion which were for summary judgment on the issue of liability on the seventh and eighth causes of action, and so much of the ninth cause of action as sought a judgment declaring that a covenant to pay social membership fees to Greens Golf Club, LLC, does not run with the land of the residential unit owners of The Greens at Half Hollow so as to bind subsequent purchasers.
ORDERED that the appeal by the defendant Greens at Half Hollow, LLC, from so much of the order as denied those branches of the motion of the defendant Greens Golf Club, LLC, which were for summary judgment dismissing the first cause of action insofar as asserted by the individual plaintiffs, and the fifth and sixth causes of action, and granted so much of that branch of the plaintiffs’ cross motion which was for summary judgment on the first cause of action insofar as asserted by the individual plaintiffs to the extent of enjoining Greens Golf Club, LLC, from allowing the community portion of the subject building and its associated outdoor recreational facilities to be used by anyone other than the residents of the subject residential planned use development and their guests is dismissed, as it is not aggrieved by those portions of the order (see CPLR 5511; Mixon v. TBV, Inc., 76 AD3d 144, 156-157); and it is further,
