N.Y. Civil Practice Law & Rules Section 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.

Source: Section 5228 — Receivers, https://www.­nysenate.­gov/legislation/laws/CVP/5228 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

5201
Debt or property subject to enforcement
5202
Judgment creditor’s rights in personal property
5203
Priorities and liens upon real property
5204
Release of lien or levy upon appeal
5205
Personal property exempt from application to the satisfaction of money judgments
5206
Real property exempt from application to the satisfaction of money judgments
5207
Enforcement involving the state
5208
Enforcement after death of judgment debtor
5209
Discharge of garnishee’s obligation
5210
Power of court to punish for contempt
5211
Privilege on examination
5221
Where enforcement proceeding commenced
5222
Restraining notice
5222‑A
Service of notices and forms and procedure for claim of exemption
5223
Disclosure
5224
Subpoena
5225
Payment or delivery of property of judgment debtor
5226
Installment payment order
5227
Payment of debts owed to judgment debtor
5228
Receivers
5229
Enforcement before judgment entered
5230
Executions
5231
Income execution
5232
Levy upon personal property
5233
Sale of personal property
5234
Distribution of proceeds of personal property
5235
Levy upon real property
5236
Sale of real property
5237
Failure of title to property sold
5238
Directions to the sheriff
5239
Proceeding to determine adverse claims
5240
Modification or protective order
5241
Income execution for support enforcement
5242
Income deduction order for support enforcement
5250
Arrest of judgment debtor
5251
Disobedience of subpoena, restraining notice or order
5252
Discrimination against employees and prospective employees based upon wage assignment or income execution
5253
Cost of living adjustment for personal and real property exempt from application to the satisfaction of money judgments and exemptions in...

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 5228’s source at nysenate​.gov

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