Barrett v. Scharf

—In an action for declaratory and injunctive relief, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Berler, J.), dated September 27, 1996, which denied their motion for a preliminary injunction.

Ordered that the order is affirmed, with costs.

The decision to grant a preliminary injunction is a matter ordinarily committed to the sound discretion of the court hearing the motion (see, Doe v Axelrod, 73 NY2d 748 , 750). To obtain a preliminary injunction the plaintiffs were required to demonstrate (1) a likelihood of ultimate success on the merits, (2) irreparable harm unless the injunction is granted, and (3) that the equities are balanced in their favor (see, Aetna Ins. Co. v Capasso, 75 NY2d 860 , 862; Doe v Axelrod, supra, at 750 ). Based on the record before us, it cannot be said that the Supreme Court’s decision to deny the plaintiffs’ motion for a preliminary injunction was an improvident exercise of discretion. Mangano, P. J., Copertino, Krausman and McGinity, JJ., concur.