Ordered that the order is reversed, without costs or disbursements, and the application for a preliminary injunction is denied.
It is well settled that in order to be granted a preliminary injunction, the movant must demonstrate "`(1) a likelihood of ultimate success on the merits; (2) irreparable injury absent the granting of the preliminary injunction; and (3) that a balancing of equities favors [the movant's] position'" (Barone v Frie,
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