The court shall hold a hearing within 5 days of the filing of the petition. The petition and notice of the hearing shall be served on the owner, administrator or designated agent of the facility as provided under the Civil Practice Law, or the petition and notice of hearing shall be posted in a conspicuous place in the facility not later than 3 days before the time specified for the hearing, unless a different period is fixed by order of the court. The court shall appoint a receiver if it finds that:
         (a) The facility is operating without a license;
lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.


         (b) The Department has suspended, revoked or refused
    
to renew the existing license of a facility;
        (c) The facility is closing or has informed the
    
Department that it intends to close and adequate arrangements for relocation of residents have not been made at least 30 days prior to closure; or
        (d) An emergency exists, whether or not the
    
Department has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the licensee to remedy the emergency the appointment of a receiver is necessary.
  Previous section
Next section  
 Part 5 Contents