ยง 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.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 13-A - Proceeds of a Crime-Forfeiture
1311-A - Subpoena Duces Tecum.
1312 - Provisional Remedies; Generally.
1313 - Debt or Property Subject to Attachment; Proper Garnishee.
1314 - Attaching Creditor's Rights in Personal Property.
1315 - Discharge of Garnishee's Obligation.
1316 - Order of Attachment on Notice; Temporary Restraining Order; Contents.
1317 - Order of Attachment Without Notice.
1318 - Motion Papers; Filing; Demand; Damages.
1320 - Levy Upon Personal Property by Service of Order.
1321 - Levy Upon Personal Property by Seizure.
1322 - Levy Upon Real Property.
1323 - Additional Undertaking to Carrier Garnishee.
1324 - Claiming Agent's Duties After Levy.
1327 - Proceedings to Determine Adverse Claims.
1328 - Discharge of Attachment.
1329 - Vacating or Modifying Attachment.
1330 - Annulment of Attachment.
1331 - Return of Property; Directions to Clerk and Claiming Agent.
1332 - Disposition of Attachment Property After Execution Issued; Priority of Orders of Attachment.
1333 - Grounds for Preliminary Injunction and Temporary Restraining Order.
1335 - Temporary Restraining Order.
1336 - Vacating or Modifying Preliminary Injunction or Temporary Restraining Order.
1338 - Appointment and Powers of Temporary Receiver.
1343 - Notice of Pendency; Constructive Notice.
1344 - Filing, Content and Indexing of Notice of Pendency.
1346 - Duration of Notice of Pendency.
1347 - Motion for Cancellation of Notice of Pendency.
1348 - Undertaking for Cancellation of Notice of Pendency.
1350 - Rules of Procedure; in General.