Preview
FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
---------------------------------------------------------------------------X Index No. 809754/2022
In the Matter of the Petition of
ODYSSEA-ABE83, LLC, for
Approval of Transfer of Structured Settlement Payment
Rights In Accordance with New York GOL §5-1701,
-against- VERIFIED
AMENDED
PETITION
TALCOTT RESOLUTION CEBSCO,
TALCOTT RESOLUTION LIFE INSURANCE COMPANY,
and KRISTY SLIPPY
----------------------------------------------------------------------------X
Petitioner, ODYSSEA-ABE83, LLC ("ODYSSEA"), by their attorney, Greg
Saber, on notice to respondents, KRISTY SLIPPY, HARTFORD INSURANCE
COMPANY OF THE MIDWEST and TALCOTT RESOLUTION LIFE INSURANCE
COMPANY, alleges as follows:
1. This is a special proceeding pursuant to the Structured Settlement
Protection Act, General Obligations Law §5-1701 et seq. seeking approval of the transfer
of certain structured settlement payment rights due under a structured settlement
agreement, in accordance with 26 U.S.C. §5891 et seq. and GOL §5-1701 et seq. The
proposed transfer seeks approval, as authorized by the statute, for the sale of the following:
317 monthly life-contingent payments of $650.00 beginning February 01, 2033 through
and including June 01, 2059; (the "Assigned Payments").
2. The New York GOL §5-1705(a) mandates the filing of this matter
by Order to Show Cause (Exhibit "A").
3. The Petitioner, ODYSSEA, with its principal place of business located in
California, is a "Transferee" as defined in GOL §5-1701(t).
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4. The Respondent, KRISTY SLIPPY ("SLIPPY"), is a "Payee" as defined in
GOL §5-1701(h). The Payee is entitled to receive a structured settlement payment stream
that is the subject of this Application.
5. Payee is pro se in this matter. Counsel for Petitioner makes no
representations on behalf of the Payee, his/her interests or the terms or suitability of this
transaction as the same relates to Payee. Upon information and belief, Payee does not have
an appointed guardian or conservator and Payee contends that he or she has the mental
capacity to enter this transaction.
6. Jurisdiction exists in this Court because SLIPPY resides in Erie County.
7. Certain entities are deemed to be "interested parties" to this Petition as
defined in GOL §5-1701(f); pursuant to GOL §5-1705(c) they are to be served at least 20
days prior to the Petition being heard with copies of said Petition and the notice of Petition
or Order to Show Cause, as the case may be.
7. The interested parties noticed of the special proceeding herein are:
i. Upon information and belief, the Payee is prepared to testify before this
Court regarding the proposed transfer and the needs surrounding it;
ii. HARTFORD INSURANCE COMPANY OF THE MIDWEST is a
"Structured Settlement Obligor" as defined in GOL §5-1701(n) with
respect to the structured settlement payment rights at issue in this
proceeding; and
iii. TALCOTT RESOLUTION LIFE INSURANCE COMPANY is the
"Annuity Issuer" as defined in GOL §5-1701(a) in connection with the
structured settlement payment rights at issue in this proceeding.
8. SLIPPY, as she disclosed to ODYSSEA, is 43 and has no minor dependents.
9. The Payee is the recipient of structured settlement payments as through a
settlement contract resulting from a personal injury claim, which provided for a series of
deferred cash payments under a "structured settlement" as defined in GOL §5-1791(l) and
2
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26 U.S.C. §5891(c)(1). A true and correct copy of the Affidavit in Lieu of Settlement
Agreement is attached hereto as Exhibit "B".
10. Pursuant to 26 U.S.C. §5891(a), any transfer of structured settlement
payment rights pursuant to a Transfer Agreement entered into after the effective date
subjects the Transferee (i.e., the purchaser of the structured settlement payment rights) to
an excise tax unless the transfer has been approved by, inter alia, by a court of the state in
which the Payee of the structured settlement is domiciled through the issuance of a
"Qualified Order," which is defined as an order issued pursuant to the terms of a statute
regulating the transfer of structured settlement transfer rights enacted by the state in which
the Payee is domiciled or the settled case was litigated. The Structured Settlement
Protection Act, GOL §5-1701 et seq. is such a statute.
11. New York Insurance Law §3212(d) provides that any purported
limitations upon transfer in an annuity contract funding a structured settlement are
ineffective if the transfer has been approved pursuant to GOL §5-1701 et seq.
12. The Payee executed a "Transfer Agreement" as defined in GOL §5-
1701(r), wherein he/she agreed to sell, assign or transfer to ODYSSEA rights to certain
payments remaining under the settlement agreement. A copy of the said proposed Transfer
Agreement is annexed hereto as Exhibit "C". Pursuant to and consistent with the Act and
the Transfer Agreement, the Petitioner, in its exclusive role as a buyer of structured
settlement payments, provided no services whatsoever to the Payee including, but not
limited to, not providing any legal, tax, or financial advice. No fees or costs are owed or
paid by the Payee in conjunction with the sale of the Assigned Payments to the Transferee.
13. Pursuant to the Transfer Agreement, the Payee seeks to sell, assign or
transfer to ODYSSEA rights to the Assigned Payments as defined above.
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14. It is a condition of the Transfer Agreement that the transfer be approved by
a court and an order entered, that must be recognized and honored by HARTFORD
INSURANCE COMPANY OF THE MIDWEST, the structured settlement obligor and
TALCOTT RESOLUTION LIFE INSURANCE COMPANY, the annuity issuer.
15. Petitioner is informed and believes and upon that basis alleges that the
underlying structured settlement that established the annuity at issue in the present case
contained language that restricted and/or prohibited the right and/or power to assign the
Assigned Payments in question.
16. All disclosure requirements of GOL §5-1703 have been complied with by
providing, not less than ten (10) days prior to the date on which the Payee executed the
Transfer Agreement by first class mail and certified-mail, return-receipt requested and/or
postal office priority mail, the disclosure statement in 14-point bold type containing
disclosures in plain language the information required therein, namely;
a. the amount and due date of the structured settlement payments to be
transferred;
b. the aggregate amount of such payments;
c. the discounted present value of the payments to be transferred which
shall be identified as the "calculation of current value of the transferred
structured settlement payments under federal standards for valuing
annuities", and the amount of the applicable federal rate used in
calculating such discounted present value;
d. the price quote from the original annuity issuer or, if such price quote is
not readily available from the original annuity issuer, then a price quote
from two other annuity issuers that reflects the current cost of
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purchasing a comparable annuity for the aggregate amount of payments
to be transferred;
e. the gross advance amount and the annual discount rate, compounded
monthly, used to determine such figures;
f. an itemized listing of all commissions, fees, costs, expenses and charges
payable by the Payee or deductible from the gross amount otherwise
payable to the Payee and the total amount of such fees;
g. the net advance amount including the statement: "The net cash payment
you receive in this transaction from the buyer was determined by
applying the specified discount rate to the amount of future payments
received by the buyer, less the total amount of commissions, fees, costs,
expenses and charges payable by you";
h. the amount of any penalties or liquidated damages payable by the Payee
in the event of any breach of the Transfer Agreement by the Payee; and
i. a statement that the Payee has the right to cancel the Transfer
Agreement, without penalty or further obligation, not later than the third
business day after the date the Transfer Agreement is signed by the
Payee.
The Disclosure Statement and proof of its mailing via United States postal service priority
mail and receipt by the Payee, as reflected in the Disclosure Statement, is attached hereto
as Exhibit "D".
17. Pursuant to 26 U.S.C. § 5891, the Court in approving the transfer must find:
a. The transfer is in the best interests of the Payee, taking into account
the welfare and support of the Payee's dependents, if any; and
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b. The transfer does not contravene any applicable federal or state
statute or the order of any court or responsible administrative or
government authority.
18. Pursuant to GOL §5-1701 et seq., The Court in approving the transfer must
find:
a. The transfer complies with all requirements of the Structured
Settlement Protection Act, GOL §5-1701 et seq.;
b. The transfer is in the best interests of the Payee taking into account
the welfare and support of the Payee’s dependents, if any. For the
reasons identified in the affidavit of the Payee annexed hereto as
Exhibit "E", upon information and belief, the Payee believes that
the transfer is in the Payee’s best interest taking into account the
welfare and support of the Payee's dependents, if any;
c. The Payee has been advised in writing by the Transferee to seek
independent professional advice regarding the transfer and has
either received such advice or knowingly waived such advice in
writing; (Exhibit "F")
d. The transfer does not contravene any applicable federal or state
statute or the order of any court or other government or responsible
administrative authority; and
e. The Transfer Agreement and all disclosures are written in plain
language and in compliance with GOL § 5-702.
19. Except as referenced elsewhere in the Petition, no previous application has
been made to this or any other Court for the relief sought herein.
20. Upon information and belief, the Payee is aware of other transferees and
that those transferees could make alternative offers.
21. The controlling statute is attached herewith as Exhibit "G"
22. A list of the Payee's dependents, as identified to the Petitioner by the Payee,
is attached herewith as Exhibit "H".
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23. Upon information and belief, Payee has previously attempted and/or
completed the following structured settlement transfers:
a. Index No. I2005005471 filed in Supreme Court of New York,
County of Erie by 321 Henderson Receivable Originations, LLC. Upon information
and belief this petition was approved.
b. Index No. I2010006462 filed in Supreme Court of New York,
County of Erie by Settlement Funding, LLC. Upon information and belief this
petition was approved.
Additional transfers may have been attempted or completed but after good faith
efforts Petitioner is not able to locate any additional filings.
24. The undersigned respectfully requests a hearing in this matter to address
any questions or concerns of the Court.
WHEREFORE, pursuant to GOL §5-1701, et seq., Petitioner, ODYSSEA, hereby
respectfully requests that this Court enter an Order approving the transfer, based upon
findings that (i) it is in compliance with the requirements of 26 U.S.C. §5891 and GOL §5-
1701 et seq.
Dated: August 31, 2022
Respectfully Submitted,
/s/ Greg Saber__________________
Greg Saber/Petitioner's Attorney
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
----------------------------------------------------------------------------X
In the Matter of the Petition of
ODYSSEA-ABE83, LLC,
Petitioner(s),
For Approval of Transfer of Structured Settlement Payment ATTORNEY'S
Rights In Accordance with New York GOL §5-1701, VERIFICATION
-against-
TALCOTT RESOLUTION CEBSCO,
TALCOTT RESOLUTION LIFE INSURANCE COMPANY,
and KRISTY SLIPPY,
Respondents
----------------------------------------------------------------------------X
GREG SABER, an attorney duly admitted to practice in the Courts of the State of New
York, affirms the following, upon information and belief, under the penalties of perjury:
I am the attorney of record for the Petitioner, Odyssea-Abe83, LLC, in the above-entitled
action.
I have read the foregoing Verified Amended Petition and know the contents thereof; the
same is true to my own knowledge except as to the matters therein stated to be alleged on
information and belief, and that as to those matters, I believe them to be true.
This verification is made by your affirmant and not by Petitioner because said Petitioner
does not maintain its principal place of business within New York County, New York, which is
the county where your affirmant maintains offices.
The grounds of your affirmant's belief as to all matters not stated upon affirmant's
knowledge are correspondence had with Petitioner, information contained in said Petitioner's file,
which is in your affirmant's possession, and other pertinent data relating thereto.
Dated: August 31, 2022
/s/ Greg Saber__________
Greg Saber, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.
COUNTY OF ERIE
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X
In the Matter of the Petition of
ODYSSEA-ABE83, LLC,
Petitioner(s),
For Approval of Transfer of Structured Settlement Payment
Rights In Accordance with New York GOL §5-1701,
-against-
TALCOTT RESOLUTION CEBSCO,
TALCOTT RESOLUTION LIFE INSURANCE COMPANY,
and KRISTY SLIPPY,
Respondent(s).
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X
_________________________________
ORDER TO SHOW CAUSE, VERIFIED AMENDED PETITION AND EXHIBITS
_________________________________
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in the
courts of New York State, certifies that, upon information and belief and reasonable inquiry, the
contentions contained in the annexed documents are not frivolous.
Dated: August 31, 2022 Signature: /s/ Greg Saber_______
Greg Saber, Esq.
GREG SABER, ESQ.
Attorney(s) for Petitioner(s)
264 W. 40th St.
Ste. 403
New York, NY 10018
(800) 449-6311 – Telephone
(800) 922-6312 – Facsimile
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022
Exhibit A
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Page 1
isNexis'
Le
1 of 2
DOCUMENTS
NEW YORK CON3OLIDATED LAW SliRVICE
Copyright©2011 Matthew
a member of the Bender, inc.
LexisNexis(TM) Group
Allrightsreserved
t* THIS SECTION IS CURRENT
. THROUGH 2011 RELEASED '"
'" *" CHAPTERS
1-54,57-78
. GENERAL
ARTICLE'.S. OBLlOATIONS LAW
CREATION, DEPINTrlON AND BNFORCBMB1fr OF CONTRACrUAL
TITLE 17. STRUCTURED OBLICATIONS
SBTILEMENT PROTECTION ACT
Go to the New YorkCode Archive Directory
'
NY CLS Gen OMig § 5-1705(2011)
§ 5-1705.Procedu e forapprovalof transfers
(a) An action
forapproval ofa transfer
of a structured
order to show settlementshall be by a special
cause. proceedingbrought on onlyby
(b) Such proceeding
shallbe commenced to obtain approval
of a transfer of structured
proceeding shall
be commenced: settlement
payment rights.Such
(i) in the supreme
courtof the county
in which the payee resides:or
in any court
(ii) which approvedthe structured settlement
agreement.
(c) A copy of
the]Iig1]order to show cause and petition
shall
be served upon allinterested
before the time
at which the petition partiesat least
twentydays
is noticed to be heard. A
response shall be served at least seven da ys
petition
is noticed
to be heard. before the
(d) A petition
forapproval ofa transfer
of structured settlement
payment rights shall include:
(i) a copy
ofthe transfer
agreement;
(ii) a copy
ofthe disclosurestatement and proof of notice
of that statement required under section
tle: (fig 5-1703 of this ti-
1]
a listing
(iii) of each ofthe payce's dependents, together
with each dependent's age; and
(iv) a statement·setting
forthwhether there have been any previous
transfers or applications
tured setGement payment for transfer
ofthe struc-
rights
and givingdetails of all such transfers or
applications
for Iransfer.
(c) On the hearing,
the payce shall
ottend before the court
unless attendance is excused for good cause.
IIISTORY:
Add, L 2002,ch 537. § 2, eff
July 1, 2002 (see 2002 note below);
amd, L 2010, ch 511, § I,
eff Jan 1, 2011.
NOTES:
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t
NY CIS Gen Oblig§ 5-1705 Page 2
2010
Recommenda,ions of the
The Cornmittee AdvisoryCommittee on Civil
recommends the amendmeni of Practice
far as it New Yorkh
governs thei procedure General
for court Obligations
Law Title
By way of obtaining approvalforthe transfer of a 17, enactedin 2002,inso-
background, in a structured structured settlement.
ment. Itather,
all:or'.a settlement the recipient
portionare paid out in does not receive all the
Usuallya atruc
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DocuSign Envelope ID: A9A76F4D-122C-4E09-8F86-56B99634211D
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022
CONNECTICUT TRANSFER DISCLOSURE
Payee: Kristy M. Slippy; resident of: New York
This Disclosure Statement Required by Law is provided in connection with the
Payee's agreement to transfer and assign certain structured settlement payment
rights.
A. The amounts and due dates of the structured settlement payments to be
transferred are:
317 monthly life-contingent payments of $650.00 beginning February 01,
2033 through and including June 01, 2059;
B. The aggregate amount of these payments is $206,050.00;
C. The discounted present value of the payments to be transferred, which is the
calculation of current value of the transferred structured settlement
payments under federal standards for valuing annuities: $91,312.87. The
amount of the applicable federal rate used in calculating such discounted
present value is 3.6%.
D. The gross advance amount is $14,605.12.
E. The following is a itemized listing of all applicable transfer expenses, other
than attorney's fees and related disbursements payable in connection with
the transferee's application for approval of the transfer, and the
transferee's best estimate of the amount of any such fees and
disbursements:
$0.00
F. The net advance amount: $14,605.12
G. The amount of any penalties or liquidated damages payable by the Payee in
the event of any breach of the transfer agreement by the payee is: $0.00
H. You, the Payee, have the right to cancel the Transfer Agreement without
penalty or further obligation, not later than the third (3rd) business day
after the date the agreement is signed by you
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DocuSign Envelope ID: A9A76F4D-122C-4E09-8F86-56B99634211D
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022
I have received and reviewed a copy of the foregoing Disclosure Statement. I
agree with its terms, and my endorsement of this Statement reflects my
understanding and acceptance of its Provisions.
Kristy M. Slippy
7/29/2022
Date
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DocuSign Envelope ID: A9A76F4D-122C-4E09-8F86-56B99634211D
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022
DELAWARE TRANSFER DISCLOSURE
Payee: Kristy M. Slippy; resident of: New York
This Disclosure Statement Required by Law is provided in connection with the
Payee's agreement to transfer and assign to certain structured settlement
payment rights.
A. The amounts and due dates of the structured settlement payments to be
transferred are:
317 monthly life-contingent payments of $650.00 beginning February 01,
2033 through and including June 01, 2059;
B. The aggregate amount of such payments: $206,050.00;
C. The discounted present value of such payments to be transferred is
$91,312.87. This is determined by applying the applicable federal rate of
3.6%.
D. The gross amount payable to the Payee in exchange for such payments is
$14,605.12.
E. The following is an itemized listing of all brokers' commissions, service
charges, application fees, processing fees, closing costs, filing fees,
administrative fees, legal fees, notary fees, and other commissions, fees,
costs, expenses, and charges payable by the payee or deductible from the
gross amount otherwise payable to the payee;
$0.00
F. The net amount payable to Payee after deduction of all commissions, fees,
costs, expenses and charges described in paragraph E: $14,605.12
G. The quotient, expressed as a percentage, obtained by dividing the net
payment amount by the discounted present value of the payments is:
15.99%
H. The amount of any penalty and the aggregate amount of any liquidated
damages (inclusive of penalties) payable by the Payee in the event of any
breach of the transfer agreement by the Payee: $0.00
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022
I have received and reviewed a copy of the foregoing Disclosure Statement. I
agree with its terms, and my endorsement of this Statement reflects my
understanding and acceptance of its Provisions.
Kristy M. Slippy
7/29/2022
Date
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022
MASSACHUSETTS TRANSFER DISCLOSURE
Payee: Kristy M. Slippy; resident of: New York
This Disclosure Statement Required by Law is provided to you at least 10 days
before the date on which you first incur any obligation with respect to Your
agreement to transfer and assign certain structured settlement payment rights.
A. The amounts and due dates of the structured settlement payments to be
transferred are:
317 monthly life-contingent payments of $650.00 beginning February 01,
2033 through and including June 01, 2059;
B. The aggregate amount of these payments is $206,050.00;
C. The discounted present value of the payments to be transferred is $91,312.87.
The discount rate used in determining the discounted present value is
3.6%.
D. The gross amount payable to Payee in exchange for such payments is
$14,605.12.
E. The following is an itemized list of all brokers' commissions, service charges,
application fees, closing costs, filing fees referral fees, administrative fees,
legal fees, notary fees, and other commissions, fees, costs, expenses and
charges payable by the payee or deductible from the gross amount
otherwise payable to the Payee are: $0.00
F. The net amount payable to Payee after deduction of the commissions, fees,
costs, expenses, and charges described above is $14,605.12.
G. The net amount that you will receive from us in exchange for your future
structured settlement payments represents 15.99% of the estimated current
value of the payments.
H. Based on the net amount that you will receive from us and the amounts and
timing of the structured settlement payments that you are turning over to
us, you will, in effect, be paying interest to us at a rate of 14% per year.
I. The amount of any penalty and the aggregate amount of any liquidated
damages, including penalties payable by Payee in the event of a breach of
the transfer agreement by the Payee are: $0.00
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022
I have received and reviewed a copy of the foregoing Disclosure Statement. I
agree with its terms, and my endorsement of this Statement reflects my
understanding and acceptance of its Provisions.
Kristy M. Slippy
7/29/2022
Date
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Exhibit E
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From:
FILED: ERIE COUNTY CLERK 09/06/2022 11:4008/O9/2022
AM 13:39 #935
INDEX P.OO6/027
NO. 809754/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022
AFFIDAVIT OF KRISTY M. SLI
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FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ---------------------------------------------------------------------------X Index No. 809754/2022 In the Matter of the Petition of ODYSSEA-ABE83, LLC, for Approval of Transfer of Structured Settlement Payment Rights In Accordance with New York GOL §5-1701, -against- VERIFIED AMENDED PETITION TALCOTT RESOLUTION CEBSCO, TALCOTT RESOLUTION LIFE INSURANCE COMPANY, and KRISTY SLIPPY ----------------------------------------------------------------------------X Petitioner, ODYSSEA-ABE83, LLC ("ODYSSEA"), by their attorney, Greg Saber, on notice to respondents, KRISTY SLIPPY, HARTFORD INSURANCE COMPANY OF THE MIDWEST and TALCOTT RESOLUTION LIFE INSURANCE COMPANY, alleges as follows: 1. This is a special proceeding pursuant to the Structured Settlement Protection Act, General Obligations Law §5-1701 et seq. seeking approval of the transfer of certain structured settlement payment rights due under a structured settlement agreement, in accordance with 26 U.S.C. §5891 et seq. and GOL §5-1701 et seq. The proposed transfer seeks approval, as authorized by the statute, for the sale of the following: 317 monthly life-contingent payments of $650.00 beginning February 01, 2033 through and including June 01, 2059; (the "Assigned Payments"). 2. The New York GOL §5-1705(a) mandates the filing of this matter by Order to Show Cause (Exhibit "A"). 3. The Petitioner, ODYSSEA, with its principal place of business located in California, is a "Transferee" as defined in GOL §5-1701(t). 1 1 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 4. The Respondent, KRISTY SLIPPY ("SLIPPY"), is a "Payee" as defined in GOL §5-1701(h). The Payee is entitled to receive a structured settlement payment stream that is the subject of this Application. 5. Payee is pro se in this matter. Counsel for Petitioner makes no representations on behalf of the Payee, his/her interests or the terms or suitability of this transaction as the same relates to Payee. Upon information and belief, Payee does not have an appointed guardian or conservator and Payee contends that he or she has the mental capacity to enter this transaction. 6. Jurisdiction exists in this Court because SLIPPY resides in Erie County. 7. Certain entities are deemed to be "interested parties" to this Petition as defined in GOL §5-1701(f); pursuant to GOL §5-1705(c) they are to be served at least 20 days prior to the Petition being heard with copies of said Petition and the notice of Petition or Order to Show Cause, as the case may be. 7. The interested parties noticed of the special proceeding herein are: i. Upon information and belief, the Payee is prepared to testify before this Court regarding the proposed transfer and the needs surrounding it; ii. HARTFORD INSURANCE COMPANY OF THE MIDWEST is a "Structured Settlement Obligor" as defined in GOL §5-1701(n) with respect to the structured settlement payment rights at issue in this proceeding; and iii. TALCOTT RESOLUTION LIFE INSURANCE COMPANY is the "Annuity Issuer" as defined in GOL §5-1701(a) in connection with the structured settlement payment rights at issue in this proceeding. 8. SLIPPY, as she disclosed to ODYSSEA, is 43 and has no minor dependents. 9. The Payee is the recipient of structured settlement payments as through a settlement contract resulting from a personal injury claim, which provided for a series of deferred cash payments under a "structured settlement" as defined in GOL §5-1791(l) and 2 2 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 26 U.S.C. §5891(c)(1). A true and correct copy of the Affidavit in Lieu of Settlement Agreement is attached hereto as Exhibit "B". 10. Pursuant to 26 U.S.C. §5891(a), any transfer of structured settlement payment rights pursuant to a Transfer Agreement entered into after the effective date subjects the Transferee (i.e., the purchaser of the structured settlement payment rights) to an excise tax unless the transfer has been approved by, inter alia, by a court of the state in which the Payee of the structured settlement is domiciled through the issuance of a "Qualified Order," which is defined as an order issued pursuant to the terms of a statute regulating the transfer of structured settlement transfer rights enacted by the state in which the Payee is domiciled or the settled case was litigated. The Structured Settlement Protection Act, GOL §5-1701 et seq. is such a statute. 11. New York Insurance Law §3212(d) provides that any purported limitations upon transfer in an annuity contract funding a structured settlement are ineffective if the transfer has been approved pursuant to GOL §5-1701 et seq. 12. The Payee executed a "Transfer Agreement" as defined in GOL §5- 1701(r), wherein he/she agreed to sell, assign or transfer to ODYSSEA rights to certain payments remaining under the settlement agreement. A copy of the said proposed Transfer Agreement is annexed hereto as Exhibit "C". Pursuant to and consistent with the Act and the Transfer Agreement, the Petitioner, in its exclusive role as a buyer of structured settlement payments, provided no services whatsoever to the Payee including, but not limited to, not providing any legal, tax, or financial advice. No fees or costs are owed or paid by the Payee in conjunction with the sale of the Assigned Payments to the Transferee. 13. Pursuant to the Transfer Agreement, the Payee seeks to sell, assign or transfer to ODYSSEA rights to the Assigned Payments as defined above. 3 3 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 14. It is a condition of the Transfer Agreement that the transfer be approved by a court and an order entered, that must be recognized and honored by HARTFORD INSURANCE COMPANY OF THE MIDWEST, the structured settlement obligor and TALCOTT RESOLUTION LIFE INSURANCE COMPANY, the annuity issuer. 15. Petitioner is informed and believes and upon that basis alleges that the underlying structured settlement that established the annuity at issue in the present case contained language that restricted and/or prohibited the right and/or power to assign the Assigned Payments in question. 16. All disclosure requirements of GOL §5-1703 have been complied with by providing, not less than ten (10) days prior to the date on which the Payee executed the Transfer Agreement by first class mail and certified-mail, return-receipt requested and/or postal office priority mail, the disclosure statement in 14-point bold type containing disclosures in plain language the information required therein, namely; a. the amount and due date of the structured settlement payments to be transferred; b. the aggregate amount of such payments; c. the discounted present value of the payments to be transferred which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities", and the amount of the applicable federal rate used in calculating such discounted present value; d. the price quote from the original annuity issuer or, if such price quote is not readily available from the original annuity issuer, then a price quote from two other annuity issuers that reflects the current cost of 4 4 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 purchasing a comparable annuity for the aggregate amount of payments to be transferred; e. the gross advance amount and the annual discount rate, compounded monthly, used to determine such figures; f. an itemized listing of all commissions, fees, costs, expenses and charges payable by the Payee or deductible from the gross amount otherwise payable to the Payee and the total amount of such fees; g. the net advance amount including the statement: "The net cash payment you receive in this transaction from the buyer was determined by applying the specified discount rate to the amount of future payments received by the buyer, less the total amount of commissions, fees, costs, expenses and charges payable by you"; h. the amount of any penalties or liquidated damages payable by the Payee in the event of any breach of the Transfer Agreement by the Payee; and i. a statement that the Payee has the right to cancel the Transfer Agreement, without penalty or further obligation, not later than the third business day after the date the Transfer Agreement is signed by the Payee. The Disclosure Statement and proof of its mailing via United States postal service priority mail and receipt by the Payee, as reflected in the Disclosure Statement, is attached hereto as Exhibit "D". 17. Pursuant to 26 U.S.C. § 5891, the Court in approving the transfer must find: a. The transfer is in the best interests of the Payee, taking into account the welfare and support of the Payee's dependents, if any; and 5 5 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 b. The transfer does not contravene any applicable federal or state statute or the order of any court or responsible administrative or government authority. 18. Pursuant to GOL §5-1701 et seq., The Court in approving the transfer must find: a. The transfer complies with all requirements of the Structured Settlement Protection Act, GOL §5-1701 et seq.; b. The transfer is in the best interests of the Payee taking into account the welfare and support of the Payee’s dependents, if any. For the reasons identified in the affidavit of the Payee annexed hereto as Exhibit "E", upon information and belief, the Payee believes that the transfer is in the Payee’s best interest taking into account the welfare and support of the Payee's dependents, if any; c. The Payee has been advised in writing by the Transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing; (Exhibit "F") d. The transfer does not contravene any applicable federal or state statute or the order of any court or other government or responsible administrative authority; and e. The Transfer Agreement and all disclosures are written in plain language and in compliance with GOL § 5-702. 19. Except as referenced elsewhere in the Petition, no previous application has been made to this or any other Court for the relief sought herein. 20. Upon information and belief, the Payee is aware of other transferees and that those transferees could make alternative offers. 21. The controlling statute is attached herewith as Exhibit "G" 22. A list of the Payee's dependents, as identified to the Petitioner by the Payee, is attached herewith as Exhibit "H". 6 6 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 23. Upon information and belief, Payee has previously attempted and/or completed the following structured settlement transfers: a. Index No. I2005005471 filed in Supreme Court of New York, County of Erie by 321 Henderson Receivable Originations, LLC. Upon information and belief this petition was approved. b. Index No. I2010006462 filed in Supreme Court of New York, County of Erie by Settlement Funding, LLC. Upon information and belief this petition was approved. Additional transfers may have been attempted or completed but after good faith efforts Petitioner is not able to locate any additional filings. 24. The undersigned respectfully requests a hearing in this matter to address any questions or concerns of the Court. WHEREFORE, pursuant to GOL §5-1701, et seq., Petitioner, ODYSSEA, hereby respectfully requests that this Court enter an Order approving the transfer, based upon findings that (i) it is in compliance with the requirements of 26 U.S.C. §5891 and GOL §5- 1701 et seq. Dated: August 31, 2022 Respectfully Submitted, /s/ Greg Saber__________________ Greg Saber/Petitioner's Attorney 7 7 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ----------------------------------------------------------------------------X In the Matter of the Petition of ODYSSEA-ABE83, LLC, Petitioner(s), For Approval of Transfer of Structured Settlement Payment ATTORNEY'S Rights In Accordance with New York GOL §5-1701, VERIFICATION -against- TALCOTT RESOLUTION CEBSCO, TALCOTT RESOLUTION LIFE INSURANCE COMPANY, and KRISTY SLIPPY, Respondents ----------------------------------------------------------------------------X GREG SABER, an attorney duly admitted to practice in the Courts of the State of New York, affirms the following, upon information and belief, under the penalties of perjury: I am the attorney of record for the Petitioner, Odyssea-Abe83, LLC, in the above-entitled action. I have read the foregoing Verified Amended Petition and know the contents thereof; the same is true to my own knowledge except as to the matters therein stated to be alleged on information and belief, and that as to those matters, I believe them to be true. This verification is made by your affirmant and not by Petitioner because said Petitioner does not maintain its principal place of business within New York County, New York, which is the county where your affirmant maintains offices. The grounds of your affirmant's belief as to all matters not stated upon affirmant's knowledge are correspondence had with Petitioner, information contained in said Petitioner's file, which is in your affirmant's possession, and other pertinent data relating thereto. Dated: August 31, 2022 /s/ Greg Saber__________ Greg Saber, Esq. 8 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. COUNTY OF ERIE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of the Petition of ODYSSEA-ABE83, LLC, Petitioner(s), For Approval of Transfer of Structured Settlement Payment Rights In Accordance with New York GOL §5-1701, -against- TALCOTT RESOLUTION CEBSCO, TALCOTT RESOLUTION LIFE INSURANCE COMPANY, and KRISTY SLIPPY, Respondent(s). - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X _________________________________ ORDER TO SHOW CAUSE, VERIFIED AMENDED PETITION AND EXHIBITS _________________________________ Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed documents are not frivolous. Dated: August 31, 2022 Signature: /s/ Greg Saber_______ Greg Saber, Esq. GREG SABER, ESQ. Attorney(s) for Petitioner(s) 264 W. 40th St. Ste. 403 New York, NY 10018 (800) 449-6311 – Telephone (800) 922-6312 – Facsimile 9 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 Exhibit A 10 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 Page 1 isNexis' Le 1 of 2 DOCUMENTS NEW YORK CON3OLIDATED LAW SliRVICE Copyright©2011 Matthew a member of the Bender, inc. LexisNexis(TM) Group Allrightsreserved t* THIS SECTION IS CURRENT . THROUGH 2011 RELEASED '" '" *" CHAPTERS 1-54,57-78 . GENERAL ARTICLE'.S. OBLlOATIONS LAW CREATION, DEPINTrlON AND BNFORCBMB1fr OF CONTRACrUAL TITLE 17. STRUCTURED OBLICATIONS SBTILEMENT PROTECTION ACT Go to the New YorkCode Archive Directory ' NY CLS Gen OMig § 5-1705(2011) § 5-1705.Procedu e forapprovalof transfers (a) An action forapproval ofa transfer of a structured order to show settlementshall be by a special cause. proceedingbrought on onlyby (b) Such proceeding shallbe commenced to obtain approval of a transfer of structured proceeding shall be commenced: settlement payment rights.Such (i) in the supreme courtof the county in which the payee resides:or in any court (ii) which approvedthe structured settlement agreement. (c) A copy of the]Iig1]order to show cause and petition shall be served upon allinterested before the time at which the petition partiesat least twentydays is noticed to be heard. A response shall be served at least seven da ys petition is noticed to be heard. before the (d) A petition forapproval ofa transfer of structured settlement payment rights shall include: (i) a copy ofthe transfer agreement; (ii) a copy ofthe disclosurestatement and proof of notice of that statement required under section tle: (fig 5-1703 of this ti- 1] a listing (iii) of each ofthe payce's dependents, together with each dependent's age; and (iv) a statement·setting forthwhether there have been any previous transfers or applications tured setGement payment for transfer ofthe struc- rights and givingdetails of all such transfers or applications for Iransfer. (c) On the hearing, the payce shall ottend before the court unless attendance is excused for good cause. IIISTORY: Add, L 2002,ch 537. § 2, eff July 1, 2002 (see 2002 note below); amd, L 2010, ch 511, § I, eff Jan 1, 2011. NOTES: 11 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 t NY CIS Gen Oblig§ 5-1705 Page 2 2010 Recommenda,ions of the The Cornmittee AdvisoryCommittee on Civil recommends the amendmeni of Practice far as it New Yorkh governs thei procedure General for court Obligations Law Title By way of obtaining approvalforthe transfer of a 17, enactedin 2002,inso- background, in a structured structured settlement. ment. Itather, all:or'.a settlement the recipient portionare paid out in does not receive all the Usuallya atruc USPS Track Another Package + Remove X Tracking Number: 9405511899223883747454 Your item was delivered in or at the mailbox at 11:36 am on July 19, 2022 in BUFFALO, NY 14219. USPS Tracking Plus® Available v Cvf Delivered, In/At Mailbox July 19, 2022 at 11:36 am BUFFALO, NY 14219 Get Updates v Text & Email Updates Tracking History USPS Tracking Plus® Product Information See Less A Can't find what you're looking for? https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=9405511899223883747454%2C&tABt=true 1/2 34 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 DocuSign Envelope ID: A9A76F4D-122C-4E09-8F86-56B99634211D NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 CONNECTICUT TRANSFER DISCLOSURE Payee: Kristy M. Slippy; resident of: New York This Disclosure Statement Required by Law is provided in connection with the Payee's agreement to transfer and assign certain structured settlement payment rights. A. The amounts and due dates of the structured settlement payments to be transferred are: 317 monthly life-contingent payments of $650.00 beginning February 01, 2033 through and including June 01, 2059; B. The aggregate amount of these payments is $206,050.00; C. The discounted present value of the payments to be transferred, which is the calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities: $91,312.87. The amount of the applicable federal rate used in calculating such discounted present value is 3.6%. D. The gross advance amount is $14,605.12. E. The following is a itemized listing of all applicable transfer expenses, other than attorney's fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements: $0.00 F. The net advance amount: $14,605.12 G. The amount of any penalties or liquidated damages payable by the Payee in the event of any breach of the transfer agreement by the payee is: $0.00 H. You, the Payee, have the right to cancel the Transfer Agreement without penalty or further obligation, not later than the third (3rd) business day after the date the agreement is signed by you 35 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 DocuSign Envelope ID: A9A76F4D-122C-4E09-8F86-56B99634211D NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 I have received and reviewed a copy of the foregoing Disclosure Statement. I agree with its terms, and my endorsement of this Statement reflects my understanding and acceptance of its Provisions. Kristy M. Slippy 7/29/2022 Date 36 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 DocuSign Envelope ID: A9A76F4D-122C-4E09-8F86-56B99634211D NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 DELAWARE TRANSFER DISCLOSURE Payee: Kristy M. Slippy; resident of: New York This Disclosure Statement Required by Law is provided in connection with the Payee's agreement to transfer and assign to certain structured settlement payment rights. A. The amounts and due dates of the structured settlement payments to be transferred are: 317 monthly life-contingent payments of $650.00 beginning February 01, 2033 through and including June 01, 2059; B. The aggregate amount of such payments: $206,050.00; C. The discounted present value of such payments to be transferred is $91,312.87. This is determined by applying the applicable federal rate of 3.6%. D. The gross amount payable to the Payee in exchange for such payments is $14,605.12. E. The following is an itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, legal fees, notary fees, and other commissions, fees, costs, expenses, and charges payable by the payee or deductible from the gross amount otherwise payable to the payee; $0.00 F. The net amount payable to Payee after deduction of all commissions, fees, costs, expenses and charges described in paragraph E: $14,605.12 G. The quotient, expressed as a percentage, obtained by dividing the net payment amount by the discounted present value of the payments is: 15.99% H. The amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the Payee in the event of any breach of the transfer agreement by the Payee: $0.00 37 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 DocuSign Envelope ID: A9A76F4D-122C-4E09-8F86-56B99634211D NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 I have received and reviewed a copy of the foregoing Disclosure Statement. I agree with its terms, and my endorsement of this Statement reflects my understanding and acceptance of its Provisions. Kristy M. Slippy 7/29/2022 Date 38 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 DocuSign Envelope ID: A9A76F4D-122C-4E09-8F86-56B99634211D NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 MASSACHUSETTS TRANSFER DISCLOSURE Payee: Kristy M. Slippy; resident of: New York This Disclosure Statement Required by Law is provided to you at least 10 days before the date on which you first incur any obligation with respect to Your agreement to transfer and assign certain structured settlement payment rights. A. The amounts and due dates of the structured settlement payments to be transferred are: 317 monthly life-contingent payments of $650.00 beginning February 01, 2033 through and including June 01, 2059; B. The aggregate amount of these payments is $206,050.00; C. The discounted present value of the payments to be transferred is $91,312.87. The discount rate used in determining the discounted present value is 3.6%. D. The gross amount payable to Payee in exchange for such payments is $14,605.12. E. The following is an itemized list of all brokers' commissions, service charges, application fees, closing costs, filing fees referral fees, administrative fees, legal fees, notary fees, and other commissions, fees, costs, expenses and charges payable by the payee or deductible from the gross amount otherwise payable to the Payee are: $0.00 F. The net amount payable to Payee after deduction of the commissions, fees, costs, expenses, and charges described above is $14,605.12. G. The net amount that you will receive from us in exchange for your future structured settlement payments represents 15.99% of the estimated current value of the payments. H. Based on the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are turning over to us, you will, in effect, be paying interest to us at a rate of 14% per year. I. The amount of any penalty and the aggregate amount of any liquidated damages, including penalties payable by Payee in the event of a breach of the transfer agreement by the Payee are: $0.00 39 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 DocuSign Envelope ID: A9A76F4D-122C-4E09-8F86-56B99634211D NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 I have received and reviewed a copy of the foregoing Disclosure Statement. I agree with its terms, and my endorsement of this Statement reflects my understanding and acceptance of its Provisions. Kristy M. Slippy 7/29/2022 Date 40 of 53 FILED: ERIE COUNTY CLERK 09/06/2022 11:40 AM INDEX NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 Exhibit E 41 of 53 From: FILED: ERIE COUNTY CLERK 09/06/2022 11:4008/O9/2022 AM 13:39 #935 INDEX P.OO6/027 NO. 809754/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/06/2022 AFFIDAVIT OF KRISTY M. SLI