How to Become a Court-Appointed Receiver in New York
Appointment as a receiver in New York runs through Part 36 of the Rules of the Chief Judge. The requirements are specific, the list is public, and the obligations begin the day you are appointed.
The Part 36 framework
Part 36 governs appointments of receivers, guardians, guardians ad litem, referees, and related fiduciaries. Its purpose is to remove patronage from court appointments: candidates apply to a statewide list maintained by the Chief Administrator, judges appoint from that list, and compensation is reported and reviewed.
The rule also disqualifies categories of candidates — including relatives of judges within specified degrees, judges and their staff, and political party officers and their relatives — and imposes annual compensation limits designed to spread appointments across the approved pool.
Eligibility and training
- Complete the training program required for the appointment category.
- File the application for the statewide list with the Office of Court Administration.
- Disclose relationships, prior appointments, and any disqualifying status.
- Maintain good standing; attorneys must be admitted and in good standing in New York.
- Renew registration on the schedule the rule requires.
- Report compensation received from appointments annually.
Getting actually appointed
Being on the list makes you eligible; it does not generate appointments. Judges appoint people whose background matches the matter in front of them. Real estate receiverships go to candidates who can demonstrate property management competence. Operating business receiverships go to candidates who have run businesses. Regulated-industry receiverships go to candidates who understand the regulator.
The credible path is subject-matter depth plus visibility: writing, CLE participation, bar association involvement, and a track record of clean accountings and uncontested fee applications.
Obligations once appointed
File the oath and bond before acting. Read the order and identify exactly what is and is not authorized. Segregate funds immediately. Set a reporting calendar. Keep contemporaneous records from the first hour, because the fee application is decided on them.
File the Part 36 notice of appointment promptly and the certification of compensation at the conclusion. Failure on the administrative filings jeopardizes both payment and future appointments.
Our practice
The James Firm accepts court appointments as receiver in commercial, hospitality, cannabis, and real estate matters, and represents parties seeking or opposing appointment. The combination of regulatory licensing practice, corporate transactional work, and direct business operating experience is the reason judges and counsel bring us matters where the asset has to keep running.
New York Receivership Guide
What every business owner should know before seeking — or opposing — a receiver.
- The CPLR 6401 standard, in plain language
- What to put in (and keep out of) the appointment order
- What receiverships actually cost
- Alternatives courts prefer, and how to propose them
Frequently asked questions
Receivership questions are fact-specific. These answers are general information, not legal advice for your matter.
No. Part 36 approves non-attorney fiduciaries as well. Attorneys are more commonly appointed where the matter involves significant litigation, contracts, or regulatory work.
Yes. Part 36 requires completion of the applicable training program before an appointment category becomes available, and continued compliance with registration requirements.
Part 36 imposes annual compensation limits across appointments, with review requirements for larger awards. Individual awards are separately capped by CPLR 8004.
Parties may propose candidates and often agree on one in stipulated orders, but the appointment is the court's and Part 36 governs it.
Seeking a receiver, opposing one, or considering an appointment?
Part 36 approved receiver and receivership counsel for New York City and Long Island matters.