In Matter of the County of Monroe [City of Rochester] (72 NY2d 338, 530 N.E.2d 202, 533 NYS2d 702), the County of Monroe and the City of Rochester jointly sought a judicial declaration of rights on the County's claim to immunity upon an agreed statement of facts which was presented directly to the Appellate Division, Fourth Department pursuant to CPLR 3222(b)(3). The summary procedures afforded under CPLR 3222 contemplate a determination, as a matter of law, of the legal issues framed by the agreed statement of facts Notably, a preliminary injunction is not an available remedy to litigants who proceed on an agreed statement of facts pursuant to CPLR 3222 (see CPLR 3222[b][1]). In plenary actions for permanent injunctive relief wherein a demand for preliminary injunctive relief is met with an assertion of governmental immunity which invokes application of the balancing of public interests approach enunciated in Matter of the County of Monroe [City of Rochester] (Id.),