Ugiri Progressive Community, Inc. v. Ukwuozo

After commencement of the instant action, the plaintiff moved *657for preliminary injunctive relief (see CPLR 6301). The Supreme Court never decided that motion. Instead, on its own initiative, the Supreme Court improperly attempted to adjudicate the rights of the parties with regard to issues beyond the requested preliminary injunction (see Livas v Mitzner, 303 AD2d 381, 382-383 [2003]).

In the order appealed from, among other things, the Supreme Court appointed a receiver to run the subject corporation and supervise a new election, scheduled a new election for officers of the corporation, and,…