Preview
FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MADISON
---------------------------------------------------------------------------X Index No.
In the Matter of the Petition of
APOLLO MATHERS, LLC, for
Approval of Transfer of Structured Settlement Payment
Rights In Accordance with New York GOL §5-1701,
-against- VERIFIED
PETITION
BRIGHTHOUSE LIFE INSURANCE COMPANY
and DAWN WEBBER
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐X
Petitioner, APOLLO MATHERS, LLC ("APOLLO"), by its attorney, Greg Saber,
on notice to respondents, DAWN WEBBER and BRIGHTHOUSE 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
"Act"). The proposed transfer seeks approval, as authorized by the statute, for the sale of
the following: monthly payments of $2,820.26 beginning April 1, 2024, through and
including December 1, 2030, with a 3% annual increase each January; and monthly life-
contingent payments of $3,468.56 beginning January 1, 2031 through and including
December 1, 2036 with a 3% annual increase each January; (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, APOLLO, 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, DAWN WEBBER ("WEBBER"), 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 WEBBER resides in Madison
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.
8. 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. BRIGHTHOUSE LIFE INSURANCE COMPANY f/k/a TRAVELERS
LIFE AND ANNUITY COMPANY 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. BRIGHTHOUSE LIFE INSURANCE COMPANY f/k/a TRAVELERS
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.
9. WEBBER, as she disclosed to APOLLO, is 56 years old, unmarried, and
has no minor dependents.
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10. 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
26 U.S.C. §5891(c)(1). A true and correct copy of the resulting Annuity Contract is
attached hereto as Exhibit "B".
11. 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.
12. 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.
13. The Payee executed a "Transfer Agreement" as defined in GOL §5-
1701(r), wherein he/she agreed to sell, assign or transfer to APOLLO 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.
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14. Pursuant to the Transfer Agreement, the Payee seeks to sell, assign or
transfer to APOLLO rights to the Assigned Payments as defined above.
15. 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 BRIGHTHOUSE
LIFE INSURANCE, the structured settlement obligor and BRIGHTHOUSE LIFE
INSURANCE COMPANY, the annuity issuer.
16. 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.
17. 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
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from two other annuity issuers that reflects the current cost of
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".
18. 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.
19. 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).
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.
20. Except as referenced elsewhere in the Petition, no previous application has
been made to this or any other Court for the relief sought herein.
21. Upon information and belief, the Payee is aware of other transferees and
that those transferees could make alternative offers.
22. The controlling statute is attached herewith as Exhibit "G"
23. 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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24. Upon information and belief, Payee has previously attempted and/or
completed the following structured settlement transfers:
a. Index No. 2003-1851 filed in Supreme Court of New York, County
of Madison by 321 Henderson Receivable Originations, LLC. Upon information
and belief this petition was denied. A copy of the case docket is attached herewith
as Exhibit "I".
Additional transfers may have been attempted but after good faith efforts Petitioner
is not able to locate any additional filings.
25. 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, APOLLO, hereby
respectfully requests that this Court enter an Order approving the transfer, based upon
findings that it is in compliance with the requirements of 26 U.S.C. §5891 and GOL §5-
1701 et seq.
Dated: February 27, 2024
Respectfully Submitted,
/s/ Greg Saber__________________
Greg Saber/Petitioner's Attorney
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MADISON
----------------------------------------------------------------------------X
In the Matter of the Petition of
APOLLO MATHERS, LLC, for
Approval of Transfer of Structured Settlement Payment
Rights In Accordance with New York GOL §5-1701,
ATTORNEY'S
-against- VERIFICATION
BRIGHTHOUSE LIFE INSURANCE COMPANY
and DAWN WEBBER
----------------------------------------------------------------------------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, Apollo Mathers, LLC, in the above-entitled
action.
I have read the foregoing Order to Show Cause and Verified 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: February 27, 2024
/s/ Greg Saber__________
Greg Saber, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.
COUNTY OF MADISON
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X
In the Matter of the Petition of
APOLLO MATHERS, LLC, for
Approval of Transfer of Structured Settlement Payment
Rights In Accordance with New York GOL §5-1701,
-against-
BRIGHTHOUSE LIFE INSURANCE COMPANY
and DAWN WEBBER
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X
_________________________________
ORDER TO SHOW CAUSE, VERIFIED 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: February 27, 2024 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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Exhibit A
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Page I
LekisNexis'
1 of 2
DOCUMENTS
NEW TORK
CON5OLIDATED LAW SERVICE
Copyright©2011 Matthew Bender, inc.
a member of the
LexisNexis (TM)
Group
All rights reserved
P"*
TH1S SECTION IS CURRENT THROUGH
2011 RELEASED '**
CHAPTERS
1-54, 57-78 *"
. GENERAL OBLlOATIONS
ARTICLE.S.i LAW
CREATION, DEFINTTION AND ENFORCEMENT OF CONTRACTUAL
TITLE 27. STRUCTURED OBLICATIONS
SETTLEMENT PROTECTION ACT
Go to theNew York Code
Archive Directory
NY CLS Gen Obilg § 5-1705
(2011)
§ 5-1705. Procedure for approval of
Ltansfers
(a) An action for approval of a transfer of a structured
order to show cause. settlement shall be by a special
proceeding brought on only by
(b) Such proceeding shall be commenced to obtain
approval of a transfer of structured
proceeding shall be commenced: settlement payment rights. Such
(i) in the supreme court of the
county in which the payce resides:or
(ii) in any court which approved the structured
settlement agreement.
(c) A copy of the¶fig 1] ordct to show cause and
petition shall be served upon all interested
before the time at which the parties at least twenty days
petition is noticed to be heard, A response shall be
petition is noticed to be heard. served at least seven days before the
(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 ti-
tic: (fig l]
(iii) a listing of each of the payee'a 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 struc-
tured settlement payment rights and
giving details of all such transfers or applications for transfer.
(c) On the hearing, the payce shall attend before tile court
unicss attendance is excused for good cause.
MSTORY t
Add, L 2002, ch 537. § 2, eff July 1, 2002(see 2002 note
below); amd, L 2010, ch 511, § I, eff Jan 1, 201L
NOTES:
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.
NY CLS Gen
Oblig § 5-1705 Page 2
. I
2010
Recommenda\ions of the
The Committee Advisory Committee on Civil
recommends the amendment Practice
far as it of New York%
governs thei procedure General Obligations Lew
for
By way of obtaining court epproval for the Title 17, enacted in
backginund, in a structured transfer of a structwed 2002. inso-
ment Rather, all:or a aettlement the recipient
portion are paid out in does not receive sil the settlement.
Usually a atrue,tured settlement scheduled periodic proceeds at the time of settle-
payments over a courac
agreement restricts the of time.
Nonetheless, a market has recipient Irom
panics.. developed transferting the rights to the future
purchase the righta to whereby entities - payments,
future paynienta for a comm01lly referred to as struamil
Craig H. Ulman,*rransrers present cash payment ""ntermni
of Structured (see generally, restoring com-
tlement Frotection Settlement Payment Righis: What Omniel W. Hindari and
Acts, A.B.A. Judges' Judges Shouki Know
The structured Journal, Spring 20054 About Structured Set-
settlement recipient
rate by the (referred to in GOL Title
factoring company in exchange 17 as the
whether the transfer is for the present cash "payee') is typically charged a high
"in the best interests payment. in order to essist discount
DOS are of the the court in
recommended: payeef (GOL § 51706(b)) the determining
Firsc Section lollowing amendments to section 5-
to show cause. 5-1705(a) would add the requirement utat the
action for epproval or a
his addition would aid transfct be initiated onl
in y by order
assigning the action,
Requiring that the action be particularly in counties where one
judge handles all such
specified in section brought on by order to show
cause does not reduce epplications.
5-1705(c). the minimum notice
Second: Section period of 2D days
ment 521705(d)(iv) would be added to provide
setting forth whether there have that the polition for
bcçn any previous approval of a transfer include: a state-
and giving details transfers or applicatiolls for
of all such transfers transfer of the structured
This information is or applications for transfer. settlement
obviously useful lo the Court, but
filing a petition hopefully will alsa have the effect of
seeking a transfer in one venue after deterring the pracHce of
Angel L it has already been
Claudio, Jr., Index denied in a different
0063/2006, Supreme Court, Dutchess venue. (Sec, c.g., In re:
01/10/D7.). County, Order of Hon. Christine A.
Third: Section Sproat, J.S.C.
5-1.705(e) would be added: On the
excused for good cause. hearing, the payee shall attend before
the court unless
This new language attendance is
is adopted from
must CPUG208(d). It is not intended "hearing"
(c) that the
necessarily be a formal hearing that is described in new
used in the broader "on the record" and subdivision
sense with the expectation involves the reception of
that the court will direct avidence, but the term is
each !ormalities as it
deerns advisable.
Editor's Notes
Iaws 2002, ch
537, §§ 1 and 4, eft
Section 1. Short title. July 1, 2002, provide as follows:
This act shall be known and
4.
§ This act shall take may be cited as the "structured
effect July 1, 200'Iand she settlement protection act".
a transfer agreement apply to any transfer of structured settlement
entered into on or after such paymen t rights under
date.
Amendmcot Notes
2010. Chapter 511,
§ 1 amended:
Sub (a) by
adding the inatter in italics.
Sub (c) by
deleting at fig I "notice of petition and petition
Sub (d), par or".
(ii) by.dcleting aI fig 1 "and".
Sub (d), par
(iii) by adding the matter in italics.
By adding sub (d),!par (iv).
By adding sub (e).
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NY CLS Gen
Oblig § 5-1705 Pa8e 3
LexisNexis 50 State
Surveys,Legislation & Regulations
Structured Settlements
Case Notes:
l£gislative $laddards that
the assignment apply to the 855ignmCnt Of
of periodic ElrUClured settlemenig in
329, 765 NYS2d 208. lottery payments (ft exchange pereneal !njory c"ove
for n lump surn also apply to
payoff. Jn re Cabrera
(2003, 5ury 2 p6 Misc 2d
Structured settlement
in and operinte a recipient's request for transfer
pitf.a business from of ttie
was denied by a trial settlement to him so that he
to the request, could buy a
when the recipient was
17 years old and was
court as the settlement was
entered into building to live
him to have set up due to him only three years prior
learning difficulties. The court deferred to acqulrtag lead
twed settlement the essessmerit of the poisoning, which did cause
(only three
(2008, Sup) 20 M M 3d 1 I years prior) that it was necessary. Matter recipient% mother at the time
of the struc-
14A, 240 NYIJ 23. of 321 Henderson
Receivables Origination LLC
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Exhibit B
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1 1 / 03 / 2 0 0 4 1 1 : 5 0 F A X J G WE N T WOR T H 0 1/ 0 1 1
INDEX NO. 0EF2024-1177
FILED: MADISON COUNTY
_.. -.....-. - -.
CLERK
-- - -- - -
02/27/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024
AmedurcFcagwp
square"Hartned"ConnectIents astas
INSURANCE CO'RANY"0ne Tuner
TIlE TRAVELERS
A stacit CampasF
B'
WEBBER O
DAWN MAR1E
ANNUITY COMPANY
THE TRAVELERS EFE A2(D
OWNER
' M00 CONTRAC DC
CONTRACT NUMBER 962 NW 55450
Please read your contract and the copy
of this Annuity Contract,
We are pleased to provide you the benefits tell us
contract correcSy, If there is any errah
imased this
of the applicatina. We want to be sure that we hee
make any changanecessary,
as soon as you can. We wil1then
APPLICANTS RIGHT TO r.42tcRL
after its deRpery toths
an=And within 10 dag
to us at our 9tBen or to our Agent to be After
It Ehin contrast is returned grms premi1ua paid for the contract
days after its return,the
Applicant, we tell pay the A f.tcant, withis10
sa never in m5mct.
the castreet is returned. it wa he considered
BRBGGtr.d 4t H2ttford, Cgnnectic t
CDNTRACT CAREMJLLY
RBAD YOtfR
la a legal contract bzteens you and us.
This
$ingle Frendum Settlenient Amsulty
spect8cutions
Paynients sparised on Castract
.Annuity
Non-Participating
TEC ED. g4r2
L-11901
15 of 54
JS WENI WUH IH 15002/o11
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SPECIFICATIONS
CONTRACT
MEpJiiURING LIF1
DAWN MARIE WEBBER
TRAVELERS LIFE AND
OWNER: THE
ANNUITY COMPANY
CONTRACT DATE
06/10/00
NO. 962 NW 55450
CONTRACT
DATE OF I$$i :
06/2O/00
VALUABLE CONSIDERATION
SINGLE PREMIUM
Preview
FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MADISON ---------------------------------------------------------------------------X Index No. In the Matter of the Petition of APOLLO MATHERS, LLC, for Approval of Transfer of Structured Settlement Payment Rights In Accordance with New York GOL §5-1701, -against- VERIFIED PETITION BRIGHTHOUSE LIFE INSURANCE COMPANY and DAWN WEBBER ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐X Petitioner, APOLLO MATHERS, LLC ("APOLLO"), by its attorney, Greg Saber, on notice to respondents, DAWN WEBBER and BRIGHTHOUSE 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 "Act"). The proposed transfer seeks approval, as authorized by the statute, for the sale of the following: monthly payments of $2,820.26 beginning April 1, 2024, through and including December 1, 2030, with a 3% annual increase each January; and monthly life- contingent payments of $3,468.56 beginning January 1, 2031 through and including December 1, 2036 with a 3% annual increase each January; (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, APOLLO, with its principal place of business located in California, is a "Transferee" as defined in GOL §5-1701(t). 1 1 of 54 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 4. The Respondent, DAWN WEBBER ("WEBBER"), 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 WEBBER resides in Madison 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. 8. 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. BRIGHTHOUSE LIFE INSURANCE COMPANY f/k/a TRAVELERS LIFE AND ANNUITY COMPANY 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. BRIGHTHOUSE LIFE INSURANCE COMPANY f/k/a TRAVELERS 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. 9. WEBBER, as she disclosed to APOLLO, is 56 years old, unmarried, and has no minor dependents. 2 2 of 54 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 10. 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 26 U.S.C. §5891(c)(1). A true and correct copy of the resulting Annuity Contract is attached hereto as Exhibit "B". 11. 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. 12. 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. 13. The Payee executed a "Transfer Agreement" as defined in GOL §5- 1701(r), wherein he/she agreed to sell, assign or transfer to APOLLO 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. 3 3 of 54 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 14. Pursuant to the Transfer Agreement, the Payee seeks to sell, assign or transfer to APOLLO rights to the Assigned Payments as defined above. 15. 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 BRIGHTHOUSE LIFE INSURANCE, the structured settlement obligor and BRIGHTHOUSE LIFE INSURANCE COMPANY, the annuity issuer. 16. 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. 17. 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 4 4 of 54 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 from two other annuity issuers that reflects the current cost of 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". 18. 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 54 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 b. the transfer does not contravene any applicable federal or state statute or the order of any court or responsible administrative or government authority. 19. 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). 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. 20. Except as referenced elsewhere in the Petition, no previous application has been made to this or any other Court for the relief sought herein. 21. Upon information and belief, the Payee is aware of other transferees and that those transferees could make alternative offers. 22. The controlling statute is attached herewith as Exhibit "G" 23. A list of the Payee's dependents, as identified to the Petitioner by the Payee, is attached herewith as Exhibit "H". 6 6 of 54 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 24. Upon information and belief, Payee has previously attempted and/or completed the following structured settlement transfers: a. Index No. 2003-1851 filed in Supreme Court of New York, County of Madison by 321 Henderson Receivable Originations, LLC. Upon information and belief this petition was denied. A copy of the case docket is attached herewith as Exhibit "I". Additional transfers may have been attempted but after good faith efforts Petitioner is not able to locate any additional filings. 25. 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, APOLLO, hereby respectfully requests that this Court enter an Order approving the transfer, based upon findings that it is in compliance with the requirements of 26 U.S.C. §5891 and GOL §5- 1701 et seq. Dated: February 27, 2024 Respectfully Submitted, /s/ Greg Saber__________________ Greg Saber/Petitioner's Attorney 7 7 of 54 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MADISON ----------------------------------------------------------------------------X In the Matter of the Petition of APOLLO MATHERS, LLC, for Approval of Transfer of Structured Settlement Payment Rights In Accordance with New York GOL §5-1701, ATTORNEY'S -against- VERIFICATION BRIGHTHOUSE LIFE INSURANCE COMPANY and DAWN WEBBER ----------------------------------------------------------------------------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, Apollo Mathers, LLC, in the above-entitled action. I have read the foregoing Order to Show Cause and Verified 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: February 27, 2024 /s/ Greg Saber__________ Greg Saber, Esq. 8 of 54 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. COUNTY OF MADISON - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of the Petition of APOLLO MATHERS, LLC, for Approval of Transfer of Structured Settlement Payment Rights In Accordance with New York GOL §5-1701, -against- BRIGHTHOUSE LIFE INSURANCE COMPANY and DAWN WEBBER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X _________________________________ ORDER TO SHOW CAUSE, VERIFIED 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: February 27, 2024 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 54 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 Exhibit A 10 of 54 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 Page I LekisNexis' 1 of 2 DOCUMENTS NEW TORK CON5OLIDATED LAW SERVICE Copyright©2011 Matthew Bender, inc. a member of the LexisNexis (TM) Group All rights reserved P"* TH1S SECTION IS CURRENT THROUGH 2011 RELEASED '** CHAPTERS 1-54, 57-78 *" . GENERAL OBLlOATIONS ARTICLE.S.i LAW CREATION, DEFINTTION AND ENFORCEMENT OF CONTRACTUAL TITLE 27. STRUCTURED OBLICATIONS SETTLEMENT PROTECTION ACT Go to theNew York Code Archive Directory NY CLS Gen Obilg § 5-1705 (2011) § 5-1705. Procedure for approval of Ltansfers (a) An action for approval of a transfer of a structured order to show cause. settlement shall be by a special proceeding brought on only by (b) Such proceeding shall be commenced to obtain approval of a transfer of structured proceeding shall be commenced: settlement payment rights. Such (i) in the supreme court of the county in which the payce resides:or (ii) in any court which approved the structured settlement agreement. (c) A copy of the¶fig 1] ordct to show cause and petition shall be served upon all interested before the time at which the parties at least twenty days petition is noticed to be heard, A response shall be petition is noticed to be heard. served at least seven days before the (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 ti- tic: (fig l] (iii) a listing of each of the payee'a 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 struc- tured settlement payment rights and giving details of all such transfers or applications for transfer. (c) On the hearing, the payce shall attend before tile court unicss attendance is excused for good cause. MSTORY t Add, L 2002, ch 537. § 2, eff July 1, 2002(see 2002 note below); amd, L 2010, ch 511, § I, eff Jan 1, 201L NOTES: 11 of 54 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 . NY CLS Gen Oblig § 5-1705 Page 2 . I 2010 Recommenda\ions of the The Committee Advisory Committee on Civil recommends the amendment Practice far as it of New York% governs thei procedure General Obligations Lew for By way of obtaining court epproval for the Title 17, enacted in backginund, in a structured transfer of a structwed 2002. inso- ment Rather, all:or a aettlement the recipient portion are paid out in does not receive sil the settlement. Usually a atrue,tured settlement scheduled periodic proceeds at the time of settle- payments over a courac agreement restricts the of time. Nonetheless, a market has recipient Irom panics.. developed transferting the rights to the future purchase the righta to whereby entities - payments, future paynienta for a comm01lly referred to as struamil Craig H. Ulman,*rransrers present cash payment ""ntermni of Structured (see generally, restoring com- tlement Frotection Settlement Payment Righis: What Omniel W. Hindari and Acts, A.B.A. Judges' Judges Shouki Know The structured Journal, Spring 20054 About Structured Set- settlement recipient rate by the (referred to in GOL Title factoring company in exchange 17 as the whether the transfer is for the present cash "payee') is typically charged a high "in the best interests payment. in order to essist discount DOS are of the the court in recommended: payeef (GOL § 51706(b)) the determining Firsc Section lollowing amendments to section 5- to show cause. 5-1705(a) would add the requirement utat the action for epproval or a his addition would aid transfct be initiated onl in y by order assigning the action, Requiring that the action be particularly in counties where one judge handles all such specified in section brought on by order to show cause does not reduce epplications. 5-1705(c). the minimum notice Second: Section period of 2D days ment 521705(d)(iv) would be added to provide setting forth whether there have that the polition for bcçn any previous approval of a transfer include: a state- and giving details transfers or applicatiolls for of all such transfers transfer of the structured This information is or applications for transfer. settlement obviously useful lo the Court, but filing a petition hopefully will alsa have the effect of seeking a transfer in one venue after deterring the pracHce of Angel L it has already been Claudio, Jr., Index denied in a different 0063/2006, Supreme Court, Dutchess venue. (Sec, c.g., In re: 01/10/D7.). County, Order of Hon. Christine A. Third: Section Sproat, J.S.C. 5-1.705(e) would be added: On the excused for good cause. hearing, the payee shall attend before the court unless This new language attendance is is adopted from must CPUG208(d). It is not intended "hearing" (c) that the necessarily be a formal hearing that is described in new used in the broader "on the record" and subdivision sense with the expectation involves the reception of that the court will direct avidence, but the term is each !ormalities as it deerns advisable. Editor's Notes Iaws 2002, ch 537, §§ 1 and 4, eft Section 1. Short title. July 1, 2002, provide as follows: This act shall be known and 4. § This act shall take may be cited as the "structured effect July 1, 200'Iand she settlement protection act". a transfer agreement apply to any transfer of structured settlement entered into on or after such paymen t rights under date. Amendmcot Notes 2010. Chapter 511, § 1 amended: Sub (a) by adding the inatter in italics. Sub (c) by deleting at fig I "notice of petition and petition Sub (d), par or". (ii) by.dcleting aI fig 1 "and". Sub (d), par (iii) by adding the matter in italics. By adding sub (d),!par (iv). By adding sub (e). 12 of 54 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 NY CLS Gen Oblig § 5-1705 Pa8e 3 LexisNexis 50 State Surveys,Legislation & Regulations Structured Settlements Case Notes: l£gislative $laddards that the assignment apply to the 855ignmCnt Of of periodic ElrUClured settlemenig in 329, 765 NYS2d 208. lottery payments (ft exchange pereneal !njory c"ove for n lump surn also apply to payoff. Jn re Cabrera (2003, 5ury 2 p6 Misc 2d Structured settlement in and operinte a recipient's request for transfer pitf.a business from of ttie was denied by a trial settlement to him so that he to the request, could buy a when the recipient was 17 years old and was court as the settlement was entered into building to live him to have set up due to him only three years prior learning difficulties. The court deferred to acqulrtag lead twed settlement the essessmerit of the poisoning, which did cause (only three (2008, Sup) 20 M M 3d 1 I years prior) that it was necessary. Matter recipient% mother at the time of the struc- 14A, 240 NYIJ 23. of 321 Henderson Receivables Origination LLC 13 of 54 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 Exhibit B 14 of 54 - - -- - 01:03 PM 1 1 / 03 / 2 0 0 4 1 1 : 5 0 F A X J G WE N T WOR T H 0 1/ 0 1 1 INDEX NO. 0EF2024-1177 FILED: MADISON COUNTY _.. -.....-. - -. CLERK -- - -- - - 02/27/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 AmedurcFcagwp square"Hartned"ConnectIents astas INSURANCE CO'RANY"0ne Tuner TIlE TRAVELERS A stacit CampasF B' WEBBER O DAWN MAR1E ANNUITY COMPANY THE TRAVELERS EFE A2(D OWNER ' M00 CONTRAC DC CONTRACT NUMBER 962 NW 55450 Please read your contract and the copy of this Annuity Contract, We are pleased to provide you the benefits tell us contract correcSy, If there is any errah imased this of the applicatina. We want to be sure that we hee make any changanecessary, as soon as you can. We wil1then APPLICANTS RIGHT TO r.42tcRL after its deRpery toths an=And within 10 dag to us at our 9tBen or to our Agent to be After It Ehin contrast is returned grms premi1ua paid for the contract days after its return,the Applicant, we tell pay the A f.tcant, withis10 sa never in m5mct. the castreet is returned. it wa he considered BRBGGtr.d 4t H2ttford, Cgnnectic t CDNTRACT CAREMJLLY RBAD YOtfR la a legal contract bzteens you and us. This $ingle Frendum Settlenient Amsulty spect8cutions Paynients sparised on Castract .Annuity Non-Participating TEC ED. g4r2 L-11901 15 of 54 JS WENI WUH IH 15002/o11 FILED: MADISON COUNTY CLERK 02/27/2024 01:03 PM INDEX NO. EF2024-1177 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/27/2024 SPECIFICATIONS CONTRACT MEpJiiURING LIF1 DAWN MARIE WEBBER TRAVELERS LIFE AND OWNER: THE ANNUITY COMPANY CONTRACT DATE 06/10/00 NO. 962 NW 55450 CONTRACT DATE OF I$$i : 06/2O/00 VALUABLE CONSIDERATION SINGLE PREMIUM