As we have already observed, section 309 authorizes the appointment of a receiver only if there exists in the multiple dwelling in question ‘ ‘ a nuisance * * * which constitutes a serious fire hazard or is a serious threat to life, health or safety ”. Although the statute does not in so many words provide for a hearing on that issue, the recitals in subdivision 5 (par. c, cl. 3)—that the court shall grant the application for appointment of a receiver only if it “ shall find ” certain facts and that it may, “after determination of the issue”, permit the owner or mortgagee to make the essential repairs instead of appointing a receiver—“import a hearing” at which the owner and mortgagee will have an opportunity to present evidence in opposition to the application. (Cf. Thompson v. Wallin, 301 N. Y. 476, 494.)
In the case before us, examination of the papers on appeal establishes compliance with the statutory requirements. Hearings were held on three separate days, September 12, October 16 and November 20, and there is not the slightest suggestion that the appellants were prevented from cross-examining the witnesses called by the respondent to prove the existence of a nuisance in the building or from calling witnesses of their own and eliciting evidence in opposition to the application. It was only after the three hearings and a lapse of more than two months from the return day of the motion that the court executed the order appointing a receiver.