Ordered that the order is affirmed, without costs or disbursements.
It is well established that in order to qualify for a preliminary injunction, an applicant must establish a probability of success on the merits, danger of irreparable injury if the preliminary injunction is not granted, and a balance of the equities in his favor (Aetna Ins. Co. v Capasso, 75 N.Y.2d 860).
Upon an examination of the record, and following oral argument, we conclude that the Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' application for a preliminary injunction (see, Town of Esopus v Fausto Simoes Assocs., 145 A.D.2d 840, 841; Long Is. Oil Terms. Assn. v Commissioner of N.Y. State Dept. of Transp., 70 A.D.2d 303, 305). Mangano, P.J., Thompson, Brown, Kunzeman and Sullivan, JJ., concur.