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MATTER OF HESSERT v. BROOKLYN HOME DIALYSIS TRAINING CTR., INC.

231 A.D.2d 719 (1996)

647 N.Y.S.2d 1000

In the Matter of Richard L. Hessert, Respondent, v. Brooklyn Home Dialysis Training Center, Inc., et al., Appellants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 30, 1996

Ordered that the order is reversed, on the law, with costs, and the appointment of a temporary receiver is vacated.

The Supreme Court improvidently exercised its discretion when it sua sponte appointed a temporary receiver of the property of the corporation. The record is devoid of any evidence that the appointment of a receiver is necessary to preserve the assets of the corporation, operate the business, or protect the

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