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This entry was published on 2014-09-22
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SECTION 5228
Receivers
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 52
§ 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.