MATTER OF LONG ISLAND PANELING CTR. v. OSMAN

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.

An arbitrator directed the corporate dissolution of Long Island Paneling Center of Bohemia, Inc., which is the Bohemia branch of the petitioner, Long Island Paneling Centers, Inc. (hereinafter LIPC). The Bohemia branch of the petitioner is owned 50% by the respondent, Jay Osman, and 50% owned by LIPC.

In light of our determination that the Supreme Court properly confirmed the arbitration award directing the corporate dissolution of the Bohemia branch of LIPC (see, Long Island Paneling Centers v. Osman, A.D.2d [decided herewith]), Osman is not entitled to a preliminary injunction, in effect, directing LIPC to continue to supply the Bohemia branch with inventory. In any event, Osman failed to demonstrate the likelihood of success on the merits, irreparable harm in the absence of injunctive relief, and that the balance of the equities is in his favor (see, Aetna Ins. Co. v. Capasso, 75 N.Y.2d 860, 862; W. T. Grant Co. v. Srogi, 52 N.Y.2d 496, 517; Albini v. Solork Assocs., 37 A.D.2d 835).

S. MILLER, J.P., McGINITY, LUCIANO and COZIER, JJ., concur.