Opinion
January 24, 1980
Appeal from the Jefferson Supreme Court.
Present — Hancock, Jr., J.P., Schnepp, Callahan, Doerr and Witmer, JJ.
Order unanimously affirmed, without costs. Memorandum: By order to show cause, appellants applied to Special Term for an injunction prohibiting the respondent from conducting its business in a manner which allegedly was beyond its authority. No action having been commenced, there was no action pending in which a preliminary injunction could have been granted (CPLR 6301). Nor had a special proceeding been instituted. Thus, Special Term could not have granted the relief and it properly denied the application. It is unnecessary to reach the other issues presented.