Civil Procedure · MBE-tested

In the Matter of Mohamed Shaibi, Respondent, v. New York State Department of Health, Appellant

212 A.D.2d 1051624 N.Y.S.2d 990·New York Supreme Court, Appellate Division·1995·NY

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Opinion

In the Matter of Mohamed Shaibi, Respondent, v New York State Department of Health, Appellant. (Appeal No. 1.) [624 NYS2d 990] [MAJORITY] —Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting petitioners’ motions for preliminary injunctions. Petitioners failed to make the requisite showing of a likelihood of ultimate success on the merits, that irreparable harm will be suffered unless the relief sought is granted and that a balancing of the equities weighs in their favor (see, Matter of J.O.M. Corp. v Department of Health, 173 AD2d 153). (Appeal from Order of Supreme Court, Erie County, Howe, J.—Preliminary Injunction.) Present—Pine, J. P., Lawton, Fallon, Wesley and Davis, JJ.