DECISION ORDER
ORDERED that the order is affirmed, with costs.
"To prevail on a motion for a preliminary injunction, a movant must establish the likelihood of success on the merits, irreparable injury in the absence of an injunction, and a balance of equities in its favor" ( JDOC Constr. v. Balabanow, 306 A.D.2d 318, 319; see Aetna Ins. Co. v. Capasso, 75 N.Y.2d 860, 862).
Contrary to the plaintiff's contention, the Supreme Court correctly concluded that the defendant's use of the approximately 12.6 foot by 440 foot strip of property adjacent to the plaintiff's premises for municipal parking, and requiring a permit to park on that strip of property, is consistent with the defendant's public highway easement ( see New York State Pub. Employees Fedn., AFL-CIO v. City of Albany, 72 N.Y.2d 96, 102; see generally Thompson v. Orange Rockland Electric Co., 254 N.Y. 366). Accordingly, the plaintiff failed to establish a likelihood of success on the merits, and the Supreme Court properly denied the motion.
The plaintiff's remaining contentions are without merit.
H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.