§ 1338 — Appointment and powers of temporary receiver

New York § 1338

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 13-A: Proceeds of a Crime-forfeiture

Text

§ 1338. Appointment and powers of temporary receiver. 1. Appointment\nof temporary receiver; joinder of moving party. Upon motion of the\nclaiming authority on any other person having an apparent interest in\nproperty which is the subject of an action pursuant to this article, a\ntemporary receiver of the property may be appointed, before or after\nservice of summons and at any time prior to judgment, or during the\npendency of an appeal, where there is danger that the property will be\nremoved from the state, or lost, materially injured or destroyed. A\nmotion made by a person not already a party to the action constitutes an\nappearance in the action and the person shall be joined as a party.\n 2. Powers of temporary receiver. The court appointing a receiver may\nauthorize him or her to take and hold real and personal property, and\nsue for, collect and sell debts or claims, upon such conditions and for\nsuch purposes as the court shall direct. A receiver shall have no power\nto employ counsel unless expressly so authorized by order of the court.\nUpon motion of the receiver or a party, powers granted to a temporary\nreceiver may be extended or limited or the receivership may be extended\nto another action involving the property.\n 3. Duration of temporary receivership. A temporary receivership shall\nnot continue after final judgment unless otherwise directed by the\ncourt.\n