Opinion
November 17, 1997
Appeal from the Supreme Court, Westchester County (Nicolai, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the defendant's motion for a preliminary injunction since he failed to demonstrate a likelihood of ultimate success on the merits, irreparable harm in the absence of injunctive relief, and a balancing of the equities in his favor ( see, Aetna Ins. Co. v. Capasso, 75 N.Y.2d 860; Doe v. Axelrod, 73 N.Y.2d 748). The steps taken by the plaintiff to terminate utilities service to the defendant were authorized by and in accordance with the requirements of Public Service Law § 32 (2) (a) and 16 NYCRR 11.4 (a) (1). Although the unpaid bills upon which termination was premised were more than 12 months old, they were the subject of continuing billing disputes between the parties during the 12-month period preceding the termination process. Moreover, prior orders obtained by the defendant which temporarily precluded termination constituted excusable delays for the plaintiff's failure to terminate service at an earlier time.
O'Brien, J.P., Thompson, Sullivan and McGinity, JJ., concur.