N.Y. Civil Practice Law & Rules § 1338: Appointment and powers of temporary receiver

§ 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.