State Codes and Statutes

Statutes > New-york > Cvp > Article-52 > 5228

§  5228.  Receivers.  (a)  Appointment  of  receiver. Upon motion of a  judgment creditor, upon such notice as the court may require, the  court  may  appoint  a  receiver  who may be authorized to administer, collect,  improve, lease, repair or sell any real or personal  property  in  which  the  judgment debtor has an interest or to do any other acts designed to  satisfy the judgment. As far as practicable,  the  court  shall  require  that  notice  be  given to the judgment debtor and to any other judgment  creditors of the judgment debtor. The order of appointment shall specify  the property to be received, the duties of the receiver and  the  manner  in  which  they  are  to be performed. A receiver shall have no power to  employ counsel unless expressly so authorized by order of the court.   A  receiver   shall   be   entitled  to  necessary  expenses  and  to  such  commissions, not  exceeding  five  percent  of  the  sums  received  and  disbursed  by  him,  as  the  court which appointed him allows, but if a  judgment creditor is appointed receiver, he shall  not  be  entitled  to  compensation.  If a receiver has been appointed, a court making an order  directing payment, or delivery, of property shall direct  that  payment,  or  delivery, be made to the receiver rather than to a sheriff. Sections  6402, 6403, 6404 and 6405 are applicable to  receivers  appointed  under  this subdivision.    (b)  Extension  of  receivership. Where a receiver has been appointed,  the court, upon motion of a judgment creditor, upon such  notice  as  it  may require, shall extend the receivership to his judgment.

State Codes and Statutes

Statutes > New-york > Cvp > Article-52 > 5228

§  5228.  Receivers.  (a)  Appointment  of  receiver. Upon motion of a  judgment creditor, upon such notice as the court may require, the  court  may  appoint  a  receiver  who may be authorized to administer, collect,  improve, lease, repair or sell any real or personal  property  in  which  the  judgment debtor has an interest or to do any other acts designed to  satisfy the judgment. As far as practicable,  the  court  shall  require  that  notice  be  given to the judgment debtor and to any other judgment  creditors of the judgment debtor. The order of appointment shall specify  the property to be received, the duties of the receiver and  the  manner  in  which  they  are  to be performed. A receiver shall have no power to  employ counsel unless expressly so authorized by order of the court.   A  receiver   shall   be   entitled  to  necessary  expenses  and  to  such  commissions, not  exceeding  five  percent  of  the  sums  received  and  disbursed  by  him,  as  the  court which appointed him allows, but if a  judgment creditor is appointed receiver, he shall  not  be  entitled  to  compensation.  If a receiver has been appointed, a court making an order  directing payment, or delivery, of property shall direct  that  payment,  or  delivery, be made to the receiver rather than to a sheriff. Sections  6402, 6403, 6404 and 6405 are applicable to  receivers  appointed  under  this subdivision.    (b)  Extension  of  receivership. Where a receiver has been appointed,  the court, upon motion of a judgment creditor, upon such  notice  as  it  may require, shall extend the receivership to his judgment.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvp > Article-52 > 5228

§  5228.  Receivers.  (a)  Appointment  of  receiver. Upon motion of a  judgment creditor, upon such notice as the court may require, the  court  may  appoint  a  receiver  who may be authorized to administer, collect,  improve, lease, repair or sell any real or personal  property  in  which  the  judgment debtor has an interest or to do any other acts designed to  satisfy the judgment. As far as practicable,  the  court  shall  require  that  notice  be  given to the judgment debtor and to any other judgment  creditors of the judgment debtor. The order of appointment shall specify  the property to be received, the duties of the receiver and  the  manner  in  which  they  are  to be performed. A receiver shall have no power to  employ counsel unless expressly so authorized by order of the court.   A  receiver   shall   be   entitled  to  necessary  expenses  and  to  such  commissions, not  exceeding  five  percent  of  the  sums  received  and  disbursed  by  him,  as  the  court which appointed him allows, but if a  judgment creditor is appointed receiver, he shall  not  be  entitled  to  compensation.  If a receiver has been appointed, a court making an order  directing payment, or delivery, of property shall direct  that  payment,  or  delivery, be made to the receiver rather than to a sheriff. Sections  6402, 6403, 6404 and 6405 are applicable to  receivers  appointed  under  this subdivision.    (b)  Extension  of  receivership. Where a receiver has been appointed,  the court, upon motion of a judgment creditor, upon such  notice  as  it  may require, shall extend the receivership to his judgment.