CPLR § 8004

Commissions of receivers · as in force on May 31, 2026

§ 8004. Commissions of receivers. (a) Generally. A receiver, except where otherwise prescribed by statute, is entitled to such commissions, not exceeding five per cent upon the sums received and disbursed by him, as the court by which he is appointed allows, but if in any case the commissions, so computed, do not amount to one hundred dollars, the court, may allow the receiver such a sum, not exceeding one hundred dollars, as shall be commensurate with the services he rendered.

(b) Allowance where funds depleted. If, at the termination of a receivership, there are no funds in the hands of the receiver, the court, upon application of the receiver, may fix the compensation of the receiver and the fees of his attorney, in accordance with the respective services rendered, and may direct the party who moved for the appointment of the receiver to pay such sums, in addition to the necessary expenditures incurred by the receiver. This subdivision shall not apply to a receiver or his attorney appointed pursuant to article twenty-three-a of the general business law.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/8004

In plain English

(a) Unless another statute controls, the appointing court may give a receiver commissions up to 5% of money received and disbursed. If that calculation is under $100, the court may instead allow up to $100 based on services rendered. ★
(b) If no funds remain when the receivership ends, the court may, on the receiver’s request, set compensation and attorney fees by services rendered and order the party who sought the receiver to pay them and necessary expenses. This does not cover receivers or attorneys appointed under General Business Law article 23-A.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.