Laws of New York (Last Updated: November 21, 2014) |
GOB General Obligations |
Article 5. CREATION, DEFINITION AND ENFORCEMENT OF CONTRACTUAL OBLIGATIONS |
Title 17. STRUCTURED SETTLEMENT PROTECTION ACT |
Section 5-1705. Procedure for approval of transfers
Latest version.
-
(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.