Shaibi v. New York State Department of Health

Appellate Division of the Supreme Court of New York

Shaibi v. New York State Department of Health

212 A.D.2d 1051, 624 N.Y.S.2d 990, 1995 N.Y. App. Div. LEXIS 1939

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 3, 1995

DocketAppeal No. 1

StatusPublished

Cited by1 cases

This text of 212 A.D.2d 1051 (Shaibi v. New York State Department of Health) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Shaibi v. New York State Department of Health, 212 A.D.2d 1051, 624 N.Y.S.2d 990, 1995 N.Y. App. Div. LEXIS 1939 (N.Y. Ct. App. 1995).

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Opinion

—Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting petitioners’ motions for preliminary injunctions. Petitioners failed to make the requisite showing of a likelihood of ultimate success on the merits, that irreparable harm will be suffered unless the relief sought is granted and that a balancing of the equities weighs in their favor (see, Matter of J.O.M. Corp. v Department of Health, 173 AD2d 153). (Appeal from Order of Supreme Court, Erie County, Howe, J.—Preliminary Injunction.)

Present—Pine, J. P., Lawton, Fallon, Wesley and Davis, JJ.

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—Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting petitioners’ motions for preliminary injunctions. Petitioners failed to make the requisite showing of a likelihood of ultimate success on the merits, that irreparable harm will be suffered unless the relief sought is granted and that a balancing of the equities weighs in their favor (see, Matter of J.O.M. Corp. v Department of Health, 173 AD2d 153). (Appeal from Order of Supreme Court, Erie County, Howe, J.—Preliminary Injunction.)

Present—Pine, J. P., Lawton, Fallon, Wesley and Davis, JJ.

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Bluebook (online)

212 A.D.2d 1051, 624 N.Y.S.2d 990, 1995 N.Y. App. Div. LEXIS 1939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaibi-v-new-york-state-department-of-health-nyappdiv-1995.

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