Binghamton Mayor Richard David says the city has withdrawn its appeal of a state court decision that invalidated a local moratorium on gas drilling and exploration.

David issued a statement Tuesday afternoon announcing he had directed city Corporation Counsel Kenneth Frank to advise the Appellate Division of state Supreme Court that the city was ending its appeal.

In the statement, the mayor said "presumably the petitioners will withdraw" their cross appeal.

David said the two-year Binghamton drilling moratorium expired on December 31.

The mayor said to "ban an action that has not even been approved" by the state was premature. He said even if the state approves fracking, "there will never be drilling within city limits for a variety of reasons."

David said there's "no point moving forward with a ban or appeal" until the governor makes a decision on high-volume hyrdraulic fracturing.