Ordered that the order is reversed, on the law, with costs, and. the appointment of a temporary receiver is vacated.
The Supreme Court improvidently exercised its discretion when it sua sponte appointed a temporary receiver of the property of the corporation. The record is devoid of any evidence that the appointment of a receiver is necessary to preserve the assets of the corporation, operate the business, or protect the interests of the parties ( see, Business Corporation Law § 1113; Hahn v Garay, 54 AD2d 629; Matter of Di Bona [General Rayfin], 45 AD2d 696).