Opinion
February 16, 1999
Appeal from the Supreme Court, Kings County (Huttner, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiff's motion for leave to commence an action nunc pro tunc against Scott Jaffee and Morton Freedman. There is no evidence in the record that either Jaffee, the former temporary receiver of Cypress Hills Cemetery, or Freedman, the present temporary receiver, were negligent or derelict in carrying out their duties as set forth in their respective orders of appointment (see, Bankers Fed. Sav. v. Off W. Broadway Developers, 227 A.D.2d 306; Ishaq v. Batra, 212 A.D.2d 512; see also, Acevedo v. Cypress Hills Cemetery, 258 A.D.2d 546 [decided herewith]).
The plaintiff's remaining contention is without merit.
Altman, J. P., Friedmann, Krausman and Luciano, JJ., concur.