Majority
p. 730In the Matter of Supplementary Proceedings of Mildred Shapiro, Judgment Creditor, Appellant, v. J. Lester Shapiro, Judgment Debtor, Respondent.
Order granting motion to vacate appointment of receiver affirmed, with ten dollars
p. 731
costs and disbursements. The court was without power to appoint a receiver in this proceeding for the reasons: (1) There is no proof that proceedings supplementary to execution under article 45 of the Civil Practice Act had been instituted or were pending at the time the order was made; (2) the record does not show that the judgment creditor was entitled to maintain supplementary proceedings, there being no proof that an execution had been issued or returned; (3) it does not appear that the judgment debtor was or is a resident of Kings county; (4) there was not sufficient proof “ that the said judgment debtor * * * cannot with due diligence be served with notice of these proceedings.” Young, Kapper, Hagarty, Scudder and Tompkins, JJ., concur.