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ROSE v. ROSE

305 A.D.2d 578 (2003)

760 N.Y.S.2d 196

ROSEMARY ROSE, Respondent, v. GERARD ROSE, Appellant.

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

Decided May 19, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The court in a matrimonial action possesses the discretion to appoint a receiver when, among other things, there is a danger that marital property will be removed from the state, lost, or materially injured or destroyed (see CPLR 6401 [a]; Martinucci v Martinucci, 288 A.D.2d 444 [2001]; Fuegel v Fuegel, 232 A.D.2d 608<...

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