McVAY v. WING

ORDERED that the order is reversed, on the law, with costs, and the motion is denied.

To obtain a preliminary injunction, a movant must demonstrate a probability of success on the merits, irreparable injury in the absence of injunctive relief, and a balancing of the equities in her favor (see Doe v. Axelrod, 73 N.Y.2d 748, 750). Here, the plaintiff has failed to demonstrate that she is likely to succeed on the merits. Now ineligible to receive Family Assistance, she receives Safety Net Assistance instead. Under such a circumstance, she may not challenge the adequacy of the housing allowance schedules, or the housing allowance that she receives (see Social Services Law § 159[b][i]; Deleo v. Kaladjian, 215 A.D.2d 520, 521; Matter of Gautam v. Perales, 179 A.D.2d 509, 510; cf. Matter of Bernstein v. Toia, 43 N.Y.2d 437, 440).

KRAUSMAN, J.P., TOWNES, CRANE and MASTRO, JJ., concur.