Upon motion of any party or upon its own initiative, the court which appointed a receiver may remove him or her at any time.
§ 1342.Removal
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceLets the court that appointed a temporary receiver remove that receiver at any time, either on a party's motion or on the court's own initiative, without requiring a specific showing of misconduct in the statute's text.
Full Text of CPLR 1342
Plain-English Summary
Section 1342 keeps a receivership answerable to the court that created it. The appointing court can remove a temporary receiver at any time -- on a party's motion, or on the court's own initiative without anyone asking. The statute sets no fixed grounds, leaving the decision to the court's judgment about whether the receiver still serves the purpose the appointment was meant to serve.
That flexibility matters in a forfeiture case, where the receiver may be managing property tied up in a criminal prosecution for months or years. If a receiver proves unreliable, runs into a conflict, or is no longer needed, the court does not have to wait for a full misconduct hearing to make a change.
Frequently Asked Questions
Can a party ask the court to remove a temporary receiver?
Yes, any party may move for the receiver's removal at any time.
Can the court remove a receiver without anyone requesting it?
Yes, section 1342 lets the appointing court remove a receiver on its own initiative.
Does section 1342 require proof of misconduct to remove a receiver?
No, the statute does not set out specific grounds, leaving removal to the appointing court's judgment.
Which court has the power to remove a receiver?
Only the court that appointed the receiver in the first place.
Is there a deadline for moving to remove a receiver?
No, the statute allows a removal motion at any time during the receivership.
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 1342 remove receiverremove temporary receiver New York forfeiturereceiver removal motion CPLRforfeiture receivership termination