Legal Memorandum: Appointment of a Temporary Receiver

Issue: Under what grounds may a temporary receiver be appointed while the appointment of a permanent trustee is under consideration in New York?

Area of Law: Estate Planning & Probate
Keywords: Temporary receiver appointment; Permanent Trustee
Jurisdiction: New York
Cited Cases: 862 N.Y.S.2d 812
Cited Statutes: None
Date: 07/01/2009

A case was located in which a temporary receiver was appointed while the appointment of a permanent trustee was under consideration.  Still, the order is not particularly helpful providing only:

ORDERED, that plaintiff’s counsel shall submit to the Court a proposed order for the appointment of a receiver to safeguard the assets of the MAZEL GUARANTY TRUST; and it is further


ORDERED, that the Court shall conduct a hearing with respect to the appointment of a substitute trustee for MAZEL GUARANTY TRUST, before me, in Part 27, on Thursday, July 3, 2008, at 2:30 P.M., in Room 479, 360 Adams Street, Brooklyn, NY 11201.


Becher ex rel. Ungar v. Feller, 19 Misc. 3d 1138(A), 862 N.Y.S.2d 812 (Table), No. 19207/07, (N.Y. Sup. Ct. May 29, 2008), 2008 N.Y. Slip Op. 51060(U), aff’d & modified on other grounds, No. 2008-05887 (2d Dept. July 21, 2009).


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