State Codes and Statutes

Statutes > New-york > Gob > Article-5 > Title-17 > 5-1705

* §  5-1705.  Procedure  for  approval of transfers. (a) An action for  approval of a transfer of a structured settlement shall be by a  special  proceeding.    (b)  Such  proceeding  shall  be  commenced  to  obtain  approval of a  transfer of structured settlement payment rights. Such proceeding  shall  be commenced:    (i) in the supreme court of the county in which the payee resides; or    (ii) in any court which approved the structured settlement agreement.    (c)  A  copy  of  the notice of petition and petition or order to show  cause and petition shall be served upon all interested parties at  least  twenty  days  before  the  time  at  which the petition is noticed to be  heard. A response shall  be  served  at  least  seven  days  before  the  petition is noticed to be heard.    (d)  A  petition  for  approval of a transfer of structured settlement  payment rights shall include:    (i) a copy of the transfer agreement;    (ii) a copy of the disclosure statement and proof of  notice  of  that  statement required under section 5-1703 of this title; and    (iii)  a listing of each of the payee's dependents, together with each  dependent's age.    * NB Effective until January 1, 2011    * § 5-1705. Procedure for approval of transfers.  (a)  An  action  for  approval  of a transfer of a structured settlement shall be by a special  proceeding brought on only by order to show cause.    (b) Such proceeding  shall  be  commenced  to  obtain  approval  of  a  transfer  of structured settlement payment rights. Such proceeding shall  be commenced:    (i) in the supreme court of the county in which the payee resides; or    (ii) in any court which approved the structured settlement agreement.    (c) A copy of the order to show cause and  petition  shall  be  served  upon  all  interested  parties  at  least twenty days before the time at  which the petition is noticed to be heard. A response shall be served at  least seven days before the petition is noticed to be heard.    (d) A petition for approval of a  transfer  of  structured  settlement  payment rights shall include:    (i) a copy of the transfer agreement;    (ii)  a  copy  of the disclosure statement and proof of notice of that  statement required under section 5-1703 of this title;    (iii) a listing of each of the payee's dependents, together with  each  dependent's age; and    (iv)  a  statement  setting forth whether there have been any previous  transfers or applications for  transfer  of  the  structured  settlement  payment  rights and giving details of all such transfers or applications  for transfer.    (e) On the hearing, the payee shall attend  before  the  court  unless  attendance is excused for good cause.    * NB Effective January 1, 2011

State Codes and Statutes

Statutes > New-york > Gob > Article-5 > Title-17 > 5-1705

* §  5-1705.  Procedure  for  approval of transfers. (a) An action for  approval of a transfer of a structured settlement shall be by a  special  proceeding.    (b)  Such  proceeding  shall  be  commenced  to  obtain  approval of a  transfer of structured settlement payment rights. Such proceeding  shall  be commenced:    (i) in the supreme court of the county in which the payee resides; or    (ii) in any court which approved the structured settlement agreement.    (c)  A  copy  of  the notice of petition and petition or order to show  cause and petition shall be served upon all interested parties at  least  twenty  days  before  the  time  at  which the petition is noticed to be  heard. A response shall  be  served  at  least  seven  days  before  the  petition is noticed to be heard.    (d)  A  petition  for  approval of a transfer of structured settlement  payment rights shall include:    (i) a copy of the transfer agreement;    (ii) a copy of the disclosure statement and proof of  notice  of  that  statement required under section 5-1703 of this title; and    (iii)  a listing of each of the payee's dependents, together with each  dependent's age.    * NB Effective until January 1, 2011    * § 5-1705. Procedure for approval of transfers.  (a)  An  action  for  approval  of a transfer of a structured settlement shall be by a special  proceeding brought on only by order to show cause.    (b) Such proceeding  shall  be  commenced  to  obtain  approval  of  a  transfer  of structured settlement payment rights. Such proceeding shall  be commenced:    (i) in the supreme court of the county in which the payee resides; or    (ii) in any court which approved the structured settlement agreement.    (c) A copy of the order to show cause and  petition  shall  be  served  upon  all  interested  parties  at  least twenty days before the time at  which the petition is noticed to be heard. A response shall be served at  least seven days before the petition is noticed to be heard.    (d) A petition for approval of a  transfer  of  structured  settlement  payment rights shall include:    (i) a copy of the transfer agreement;    (ii)  a  copy  of the disclosure statement and proof of notice of that  statement required under section 5-1703 of this title;    (iii) a listing of each of the payee's dependents, together with  each  dependent's age; and    (iv)  a  statement  setting forth whether there have been any previous  transfers or applications for  transfer  of  the  structured  settlement  payment  rights and giving details of all such transfers or applications  for transfer.    (e) On the hearing, the payee shall attend  before  the  court  unless  attendance is excused for good cause.    * NB Effective January 1, 2011

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gob > Article-5 > Title-17 > 5-1705

* §  5-1705.  Procedure  for  approval of transfers. (a) An action for  approval of a transfer of a structured settlement shall be by a  special  proceeding.    (b)  Such  proceeding  shall  be  commenced  to  obtain  approval of a  transfer of structured settlement payment rights. Such proceeding  shall  be commenced:    (i) in the supreme court of the county in which the payee resides; or    (ii) in any court which approved the structured settlement agreement.    (c)  A  copy  of  the notice of petition and petition or order to show  cause and petition shall be served upon all interested parties at  least  twenty  days  before  the  time  at  which the petition is noticed to be  heard. A response shall  be  served  at  least  seven  days  before  the  petition is noticed to be heard.    (d)  A  petition  for  approval of a transfer of structured settlement  payment rights shall include:    (i) a copy of the transfer agreement;    (ii) a copy of the disclosure statement and proof of  notice  of  that  statement required under section 5-1703 of this title; and    (iii)  a listing of each of the payee's dependents, together with each  dependent's age.    * NB Effective until January 1, 2011    * § 5-1705. Procedure for approval of transfers.  (a)  An  action  for  approval  of a transfer of a structured settlement shall be by a special  proceeding brought on only by order to show cause.    (b) Such proceeding  shall  be  commenced  to  obtain  approval  of  a  transfer  of structured settlement payment rights. Such proceeding shall  be commenced:    (i) in the supreme court of the county in which the payee resides; or    (ii) in any court which approved the structured settlement agreement.    (c) A copy of the order to show cause and  petition  shall  be  served  upon  all  interested  parties  at  least twenty days before the time at  which the petition is noticed to be heard. A response shall be served at  least seven days before the petition is noticed to be heard.    (d) A petition for approval of a  transfer  of  structured  settlement  payment rights shall include:    (i) a copy of the transfer agreement;    (ii)  a  copy  of the disclosure statement and proof of notice of that  statement required under section 5-1703 of this title;    (iii) a listing of each of the payee's dependents, together with  each  dependent's age; and    (iv)  a  statement  setting forth whether there have been any previous  transfers or applications for  transfer  of  the  structured  settlement  payment  rights and giving details of all such transfers or applications  for transfer.    (e) On the hearing, the payee shall attend  before  the  court  unless  attendance is excused for good cause.    * NB Effective January 1, 2011

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