New York Laws
Article 46 - Continuing Care Retirement Communities
4617 - Receiverships.

(i) when the community is issued a new certificate of authority for
the community; or
(ii) at such time as all of the residents in the community have been
provided alternate residential and health care services.
b. At the time of termination, the receiver shall render a full and
complete accounting to the court and shall make disposition of surplus
money at the discretion of the court.
7. a. Any person who is served a copy of an order of the court
appointing the receiver shall, upon being notified of the name and
address of the receiver, make all payments for goods supplied by the
community, or services rendered by the community, to the receiver. A
receipt shall be given for each such payment, and copies of all such
receipts shall be kept on file by the receiver. The amount so received
shall be deposited by the receiver in a special account which shall also
be used for all disbursements made by the receiver.
b. Any person refusing or omitting to make such a payment after such
service and notice may be sued therefor by the receiver. Such person
shall not in such suit dispute the authority of the receiver to incur or
order such expenses, or the right of the receiver to such payments made
to him. The receipt provided by the receiver for any sum paid to him
shall, in all suits and proceedings and for every other purpose, be as
effectual in favor of any person holding the receipt as actual payment
of the amount thereof to the operator or other person or persons who
would, but for the provisions of this section, have been entitled to
receive the sum to be paid. No resident shall be discharged, nor shall
any contract or rights be forfeited or impaired, nor any forfeiture or
liability be incurred, by reason of any omission to pay any operator,
owner, contractor, or other person any sum so paid to the receiver.
8. Any other provision of this article notwithstanding, the council
may, if it deems appropriate, grant to any community operating or
scheduled to operate under a receivership authorized by this section a
certificate of authority, the duration of which shall be limited to the
duration of the receivership.
9. a. No provision contained herein shall be deemed to relieve the
operator, owner, or manager of any civil or criminal liability incurred,
or any duty imposed by law, by reason of acts or omissions of the

operator, owner, or manager prior to the appointment of any receiver
hereunder, nor shall anything contained herein be construed to suspend
during the receivership any obligation of the owner for the payment of
taxes or other operating and maintenance expenses of the community nor
of the owner or any other person for the payment of mortgages or liens.
b. The receiver shall not be responsible for any obligations incurred
by the owner, manager, or prime lessor, if any, prior to the appointment
of the receiver, other than those obligations to residents pursuant to
the continuing care retirement contracts.
c. The receiver shall be entitled to use for operating and maintenance
expenses and the basic needs of the residents of the community a portion
of the revenues due the operator during the month in which the receiver
is appointed which portion shall be established on the basis of the
amounts of the unpaid operating and maintenance expenses for such month.