Opinion
August 21, 1989
Appeal from the Supreme Court, Westchester County (Marbach, J.).
Ordered that the order is affirmed, with costs.
It is well settled that preliminary injunctive relief will not issue absent a showing by the movant of (1) a likelihood of ultimate success on the merits, (2) irreparable injury to the movant absent the granting of a preliminary injunction, and (3) a balancing of the equities in the movant's favor (see, Nalitt v City of New York, 138 A.D.2d 580). Inasmuch as the record fails to demonstrate a likelihood that the plaintiffs will ultimately succeed on the merits of their action (see, Broadrick v Oklahoma, 413 U.S. 601; Belle v. Town Bd., 61 A.D.2d 352), the plaintiffs have not established a clear right to preliminary injunctive relief (see, County of Orange v. Lockey, 111 A.D.2d 896). Accordingly, the Supreme Court did not improvidently exercise its discretion in denying the application. Thompson, J.P., Rubin, Sullivan and Rosenblatt, JJ., concur.