Opinion
January 17, 1991
Appeal from the Supreme Court, Suffolk County (Goodman, J.).
Ordered that the order is affirmed, without costs or disbursements.
It is well established that in order to qualify for a preliminary injunction, an applicant must establish a probability of success on the merits, danger of irreparable injury if the preliminary injunction is not granted, and a balance of the equities in his favor (Aetna Ins. Co. v Capasso, 75 N.Y.2d 860).
Upon an examination of the record, and following oral argument, we conclude that the Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' application for a preliminary injunction (see, Town of Esopus v Fausto Simoes Assocs., 145 A.D.2d 840, 841; Long Is. Oil Terms. Assn. v Commissioner of N.Y. State Dept. of Transp., 70 A.D.2d 303, 305). Mangano, P.J., Thompson, Brown, Kunzeman and Sullivan, JJ., concur.