Majority
p. 930Kathleen A. Granelli, Respondent, v Samuel A. Granelli et al., Respondents, and Trustees of the Amalgamated Insurance Fund, Appellant.
— Order unanimously reversed on the law without costs, and application denied. Memorandum: Special Term improperly entertained plaintiff’s application for an injunction. An injunction may be issued only in a pending action (CPLR 6301; Siegel, NY Prac § 328, at 401; see, Town of W. Seneca v Smith, 115 AD2d 1013 ). (Appeal from order of Supreme Court, Erie County, Notaro, J. —injunction.) Present — Doerr, J. P., Boomer, Pine, Lawton and Davis, JJ.