Opinion
November 10, 1987
Appeal from the Supreme Court, Erie County, Notaro, J.
Present — Doerr, J.P., Boomer, Pine, Lawton and Davis, JJ.
Order unanimously reversed on the law without costs, and application denied. Memorandum: Special Term improperly entertained plaintiff's application for an injunction. An injunction may be issued only in a pending action (CPLR 6301; Siegel, N.Y. Prac § 328, at 401; see, Town of W. Seneca v. Smith, 115 A.D.2d 1013).