Sycamore Realty Corp. v. Matone

In an action, inter alia, pursuant to RPAPL article 15 to quiet title to real property, the plaintiff James K. Noonan appeals, by permission, as limited by bis brief, from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated April 19, 2006, as, sua sponte, appointed a temporary receiver to oversee the management of the real property.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the temporary receiver is removed.

The Supreme Court improvidently exercised its discretion in, *844sua sponte, appointing…