The premises in question, situated in the Chelsea section of Manhattan, consist of a five-story rent-controlled building containing 10 apartments. On July 10, 1963, the respondent, following the procedure prescribed by the statute, certified that a nuisance existed on the premises, directed its removal and in its order (served on both appellant owner and appellant mortgagee) recited that, if the dangerous conditions were not removed or remedied within 21 days, it would apply for the appointment of a receiver “with rights * * * superior to that of the owner, mortgagees and lienors”. The certificate listed the violations and conditions which constituted the nuisance. When later reinspections showed no change in the situation, the respondent, on September 10, 1963, applied to the Supreme Court for the appointment of a receiver by order to show cause returnable on September 12. The order to show cause contained all of the recitals called for by the statute (subd. 5, par. c, cl. 1). The reason given for the early return date — the order is generally returnable five days after completion of service (subd. 5, par. c, cl. 1)—was the dangerous condition of the premises (subd. 5, par. c, cl. 2). Indeed, on September 9,1963, acting pursuant to provisions of the Administrative Code of the City of New York (§ C26-194.0), the respondent had served the owner with a notice that the building was unsafe and, on the following day, ordered the tenants still on the premises removed because of the danger that the building or a part of it might fall (New York City Administrative Code, § C26-201.0, subd. c).