Ordered that the appeal from so much of the order as denied the plaintiff's motion for a preliminary injunction is dismissed, as the defendants are not aggrieved by that portion of the order ( see, CPLR 5511); and it is further,
Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that the plaintiff is awarded costs.
To obtain summary judgment, the movant must make a "prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact" ( Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324). Here, the defendants made no such showing ( see, Zuckerman v. City of New York, 49 N.Y.2d 557).
The defendants are not aggrieved by the denial of the plaintiff's motion for a preliminary injunction ( see, CPLR 5511). In any event, the Supreme Court properly denied the plaintiff's motion for injunctive relief as academic rather than on the merits. Sullivan, J.P., Santucci, Joy and Hart, JJ., concur.