Opinion
July 19, 1993
Appeal from the Supreme Court, Westchester County (Burrows, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court's finding that the plaintiff established her entitlement to a preliminary injunction pending the determination of the action. It is well settled that a party is entitled to a preliminary injunction if he or she establishes a likelihood of success on the merits, irreparable injury unless injunctive relief is granted, and a balance of equities in his or her favor (see, Klein, Wagner Morris v. Lawrence Klein, P.C., 186 A.D.2d 631).
The plaintiff has shown a likelihood of success on the merits because Real Property Law § 451, which, inter alia, requires the consent of the Westchester County Board of Supervisors in order to use land within Westchester County as a cemetery, is applicable to the defendant religious corporation (see, Moritz v United Brethrens Church, 269 N.Y. 125; Matter of Schlichting v Town Bd., 175 A.D.2d 805). Further, having alleged that the burial of corpses next to her backyard would adversely affect her health and safety, the plaintiff has established both irreparable injury and that the possible injury to the plaintiff outweighs the harm, if any, to the appellant through the imposition of the injunction. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.