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.
§ 1338.Appointment and powers of temporary receiver
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceAuthorizes a court to appoint a temporary receiver over property in a forfeiture action when it faces removal from the state or loss, injury, or destruction, defines the receiver's powers to hold, sue on, collect, and sell property under court direction, and limits the receivership's life to the case itself.
Full Text of CPLR 1338
Plain-English Summary
Section 1338 supplies the third provisional remedy in Article 13-A, alongside attachment and injunctive relief: a temporary receivership. Either the claiming authority or anyone else with an apparent interest in the property can move for a receiver, before or after the summons is served and at any point up to judgment or even during an appeal, when there is danger the property will be moved out of state, lost, damaged, or destroyed. A person who is not yet a party but brings this motion becomes one by making it, and the court must join them.
Once appointed, a receiver can take and hold real and personal property and pursue, collect, or sell debts and claims, all on whatever conditions and for whatever purposes the court sets. One meaningful limit: a receiver cannot hire a lawyer unless the appointing order expressly says so. The court can later expand or narrow the receiver's powers, or extend the receivership to cover another action touching the same property, on a motion by the receiver or a party.
A temporary receivership is meant to last only as long as the case needs it. It ends at final judgment unless the court directs otherwise, closing the door on open-ended control over a defendant's property.
Frequently Asked Questions
Who can move for appointment of a temporary receiver in a forfeiture action?
The claiming authority or any other person with an apparent interest in the property at stake, whether or not they are already a party to the action.
What triggers a receivership under section 1338?
A danger that the property will be removed from the state, or lost, materially injured, or destroyed if left where it is.
Can a temporary receiver hire an attorney on their own?
No, a receiver has no power to employ counsel unless the court's appointment order expressly authorizes it.
Does a receivership end automatically when the forfeiture case is over?
Yes, a temporary receivership does not continue after final judgment unless the court directs otherwise.
Can someone who is not yet a party to the case ask for a receiver?
Yes, but making that motion counts as an appearance in the action, and the court must join that person as a party.
Can a receiver's powers change after appointment?
Yes, on motion of the receiver or a party, the court can extend or limit the receiver's powers or extend the receivership to another action involving the same property.
Amendment History
Add, L 1984, ch 669, § 1, eff Aug 1, 1984 and applicable to crimes committed on and after Aug 1, 1984.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1338 temporary receiverforfeiture receivership New Yorkappoint receiver forfeiture actiontemporary receiver powers CPLR