Mercer v. 944 Marcy Ave. Holding Corp.

OPINION OF THE COURT

Bernard Fuchs, J.

An administrator under article 7-A of the Real Property Actions and Proceedings Law was appointed by order of this *565court on March 21, 1973 to receive and administer rents from the property. He moves to be relieved and discharged as administrator and for approval of his account. Although the motion is unopposed, it is the court’s duty to review the account in order to maintain control over the administrator’s conduct. (See, e.g., 49 NY Jur, Receivers, § 50; Cole v Westlong Investors Corp., 64 Misc 2d 933.)

Both the judgment under which the administrator was…