In the Matter of Tanya Gant, an Infant, by Wilson Gant, Her Father, et al., Respondents, v. Bernard Levine, as Receiver, Appellant. (And Two Other Titles.)

In the Matter of Tanya Gant, an Infant, by Wilson Gant, Her Father, et al., Respondents, v Bernard Levine, as Receiver, Appellant. (And Two Other Titles.) [MAJORITY] Appeal by Bernard Levine, receiver, from an order of the Supreme Court, Kings County, dated October 9, 1975, which granted petitioners’ application, inter alia, (1) to vacate a prior order of the same court, dated February 9, 1972, which, inter alia, settled his account as receiver and (2) for permission to sue him. Order affirmed, with $50 costs and disbursements. A showing of affirmative negligence by a receiver is not necessary in order to hold him liable in his official capacity (see General Obligations Law, § 9-101; Munoz v Pappas, 16 AD2d 142). Accordingly, the order of Special Term, inter alia, vacating the discharge of appellant as receiver, was proper. Cohalan, Acting P. J., Margett, Damiani, Rabin and Shapiro, JJ., concur.