There is a newer version of the New York Consolidated Laws
2006 New York Code - Receiver.
* § 1420. Receiver. 1. Where the mortgage provides that the mortgagee is entitled to the appointment of a receiver for the mortgaged property, the mortgagee shall have the right at any time after the filing of the notice of pendency pursuant to section fourteen hundred three of this article to make an application under the index number assigned to the non-judicial proceeding, in the supreme court in the county in which the sale takes place, for the appointment of a receiver. 2. Where the mortgage provides that a receiver may be appointed without notice or contains the covenant set forth in subdivision ten of section two hundred fifty-four of the real property law, notice of an application for such appointment shall not be required and the receiver shall be appointed by the court pursuant to an order submitted by the mortgagee simultaneously with, or at any time after, the filing of the application therefor. 3. Where a receiver has been appointed, upon the application of the mortgagee, the court may direct that the receiver of the rents apply the rents received by the receiver towards the payment of accrued interest on the mortgage, provided due provision shall have been made for the payment of taxes and ordinary and necessary expenses for the operation, repair and maintenance of the mortgaged property and such other expenses as the court may direct. Any moneys so paid over by the receiver shall be deducted from the amount due on the mortgage, or the note, bond or obligation secured thereby, and the mortgagee's affidavit of the indebtedness filed with the report of sale pursuant to section fourteen hundred fourteen of this article shall so state the amounts thereof. 4. In a city with a population of one million or more persons, an order appointing a receiver to receive the rents and profits of a multiple dwelling shall provide that the receiver: (a) register with any municipal department as provided by applicable law; and (b) expend rents and income and profits as described in subdivision three of this section, except that a priority shall be given to the correction of immediately hazardous and hazardous violations of housing maintenance laws within the time set by orders of any municipal department, or, if not feasible, seek a postponement of the time for compliance. 5. The receiver shall be entitled to such commissions, not exceeding five percent of the greater of (a) the sums received by the receiver or (b) the sums disbursed by the receiver, as the court by which the receiver is appointed allows. * NB Repealed July 1, 2009
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