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This entry was published on 2014-09-22
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SECTION 1338
Appointment and powers of temporary receiver
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 13-A
§ 1338. Appointment and powers of temporary receiver. 1. Appointment
of temporary receiver; joinder of moving party. Upon motion of the
claiming authority on any other person having an apparent interest in
property which is the subject of an action pursuant to this article, a
temporary receiver of the property may be appointed, before or after
service of summons and at any time prior to judgment, or during the
pendency of an appeal, where there is danger that the property will be
removed from the state, or lost, materially injured or destroyed. A
motion made by a person not already a party to the action constitutes an
appearance in the action and the person shall be joined as a party.

2. Powers of temporary receiver. The court appointing a receiver may
authorize him or her to take and hold real and personal property, and
sue for, collect and sell debts or claims, upon such conditions and for
such purposes as the court shall direct. A receiver shall have no power
to employ counsel unless expressly so authorized by order of the court.
Upon motion of the receiver or a party, powers granted to a temporary
receiver may be extended or limited or the receivership may be extended
to another action involving the property.

3. Duration of temporary receivership. A temporary receivership shall
not continue after final judgment unless otherwise directed by the
court.