Opinion
February 10, 2000
Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about March 23, 1999, which held plaintiff's order to show cause seeking a preliminary injunction in abeyance pending a fact-finding hearing to determine plaintiff's entitlement to such relief, unanimously affirmed, without costs.
Anne B. Rudman, for plaintiff-appellant.
Steven L. Kessler, for defendant-respondent.
ROSENBERGER, J.P., WILLIAMS, SAXE, BUCKLEY, JJ.
The court properly exercised its discretion in ordering a fact-finding hearing since the parties' averments reveal that the facts pertinent to assessing the likelihood of plaintiff's success on the merits in this forfeiture proceeding are disputed (see,Morgenthau v. Young, 204 A.D.2d 118; Dillon v. Schiavo, 114 A.D.2d 924,lv dismissed 67 N.Y.2d 605).
We have considered plaintiff's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.