2010 New York Code
GOB - General Obligations
Article 5 - CREATION, DEFINITION AND ENFORCEMENT OF CONTRACTUAL OBLIGATIONS
Title 17 - (5-1701 - 5-1709) STRUCTURED SETTLEMENT PROTECTION ACT
5-1705 - Procedure for approval of transfers.

* §  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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