Upon motion of any party or upon its own initiative, the court which appointed a receiver may remove him at any time.
§ 6405.Removal.
Article 64. Receivership · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 6405 lets 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.
Full Text of CPLR 6405
Plain-English Summary
CPLR 6405 keeps the appointing court in control of who serves as temporary receiver for as long as the receivership lasts. Removal is not tied to a specific ground or a set procedure -- any party can move for it, and the court can also act on its own, without waiting for anyone to ask.
That flexibility matches the nature of the office. A temporary receiver serves at the pleasure of the court that created the position, and if the receiver proves unfit, uncooperative, or no longer necessary to protect the property, the same court can end the appointment at any point before the case concludes.
Frequently Asked Questions
Who can remove a temporary receiver?
Only the court that appointed the receiver, either on a party's motion or on its own initiative.
Does a party need a specific reason to move for a receiver's removal?
The statute does not list required grounds, leaving the appointing court discretion to remove the receiver whenever it finds removal warranted.
Can the court remove a receiver without any party asking?
Yes, CPLR 6405 lets the court act on its own initiative to remove a receiver it appointed.
When during the case can a receiver be removed?
At any time -- the statute places no time limit on when the appointing court may remove a temporary receiver.
What happens to the receivership after the receiver is removed?
Section 6405 addresses removal of the individual receiver; the court that appointed the original receiver typically appoints a successor if the receivership itself continues.
Advisory Committee Notes
This section is derived from the first sentences of RCP 179 and of CPA § 81. The second sentence of RCP 179 is covered by the third sentence of § 6401(b). The second sentence of CPA § 81 is unnecessary in the case of receivers; the court has power to appoint a successor without such express authorization. While the first sentence of RCP 179 specified that removal of a receiver be sought in the judicial district where the receiver was appointed, this section restricts the motion to the court which appointed him. Cf. rule 2217.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
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 6405 removal of receiverremove temporary receiver New Yorkcourt removes receiver NYNew York receivership termination