Ordered that the appeal from the order entered April 28, 1988, is dismissed, as that order was superseded by the order entered September 29, 1988, made upon reargument; and it is further,
Ordered that the order entered September 29, 1988, is affirmed insofar as appealed from; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The plaintiff town demonstrated a likelihood of success on the merits as to the underlying action for a permanent injunction and it was not necessary for the plaintiff to demonstrate that the defendant's allegedly illegal use of his property was causing irreparable injury (see, Village of Pelham Manor v Crea, 112 A.D.2d 415, 416; Town of Islip v Clark, 90 A.D.2d 500). Further, in balancing the equities, the protection of the public is of paramount consideration. Thus, the issuance of a preliminary injunction was proper. Bracken, J.P., Brown, Kunzeman and Kooper, JJ., concur.