Preview
FILED: ORANGE
|FILEÓ:ORANGE COUNTY CLERK
CLERK 02/28/2024
07/07/2023 09:31 AM INDEX
INDEX NO.
NO. EF001635-2024
EF002694-2023
COUNTY 12:0O PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 5
21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 02/28/2024
07/07/2023
SUPREME COURT
COUNTY OF ORANGE : STATE OF NEW YORK
----------------------------------------------x
J.G. WENTWORTH ORIGINATIONS, LLC,
Plaintiff,
-against- Index No. EF002694-2023
TALCOTT RESOLUTION LIFE INSURANCE COMPANY,
ET AL,
Defendant.
- - . . . - - - . - - . - . . - . - . . - . - . - . . - - - .-- - - - - - - - - - - - - - x
.STRUCTURED SETTLEMENT 06/12/2023
285 Main Street
Orange County Courthouse
Goshen, New York 10924
B E F O R E:
HON. MARIA VAZQUEZ DOLES,
SUPREME COURT JUSTICE
A P P E A R A N C E S:
NAPIERSKI, VANDENBURGH,. NAPIERSKI & O'CONNOR, LLP
COURTNEY L. ALPERT, ESQ.
296 Washington Avenue Extension #3
Albany, NY 12203
TANIA MILZA,
SENIOR COURT REPORTER
Filed in Orange County 07/07/2023 12:00:10 PM $0.00 Bk: 3152f 6 Pg: 1481 Index: # EF002694-2023 Clerk: SW
Filed in Orange County 02/28/2024 09:31:16 AM $0.00 Bk: 5156 Pg: 1439 Index: # EF001635-2024 Clerk: EBR
FILED:
FILED: ORANGE
ORANGE COUNTY
COUNTY CLERK
CLERK 02/28/2024
07/07/2023 09:31
12:00 AM INDEX
INDEX NO.
NO. EF001635-2024
EF002694-2023
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 5
21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 02/28/2024
07/07/2023
- Proceedings - 2
1 COURT CLERK: This is No. 8 on the calendar,
2 the matter of J.G. Wentworth Originations, LLC. It's
3 Talcott Resolution Life Insurance Company, Index No.
4 EF002694-2023. Appearances, please.
5 HS. ALPERT: Courtney Alpert from Napierski,
6 VanDenburgh, Nap.ierski & O'Connor for J.G. Wentworth
7 Originations, LLC.
8 COURT CLERK: And we have the payee here. Can
9 you -please state your first and last. name.
10 JAZMYNE WARF: Jazmyne Warf.
11 THE COURT: Okay, there was an.application
12 to get money out, and I did not receive any
13 submissions as to what the money was going to be used
14 'for.
15 MS. ALPERT: Your Honor, so I have spoken
16 with Ms. Warf and she has advised that she would like
17 to use the money for a few different things. Right now
18 she_,is in .a transition period where she is .working
19 part-time through Door Dash. The income from that is
20 inconsistent. she has applied for other.jobs
However,
21 and recently she has interviews for a full-time
22 .positions at FedEx, at Amazon, doing delivery work.
23 But in the meantime, she is hoping to obtain a
24 different vehicle, The vehicle she has, even in the -
25 past year has had a hundred thousand miles put on it,
2 of 6
FILED:
FILED: ORANGE
ORANGE COUNTY
COUNTY CLERK
CLERK 02/28/2024
07/07/2023 09:31
12:00 AM INDEX
INDEX NO.
NO. EF001635-2024
EF002694-2023
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 5
21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 02/28/2024
07/07/2023
- Proceedings - 3
1 and it. has some serious issues, and so she needs to
2 get a newer vehicle. She also --
3 THE COURT: Where are these submissions? I
4 know that they're all allegations of what she is going
5 to do. And it seems to be going in all different
6 directions. However, she just got money from
.
7 Judge Williams, on her recent application, where she
8 is giving.up a lot of money to get these small little
9 amounts of money. So, the Court has to look at what
10 she would need for the future, as well as any
11 submissions to solidify what it is that she is using.
12. The submissions that she submitted have none of that.
13 All is all allegation form as so what she plans to do
14 in the future. Maybe get a job, maybe not. She's
15 applied to different positions, but she said that last
16 time, with Judge Williams, and still nothing.
17 MS. ALPERT: I apologize that there wasn't
18 specific proof of use submitted. I would be happy to
19 submit after --
that,
20 THE COURT: This motion is denied. The case
21 is dismissed.
22 MS. ALPERT.: Okayc
23 THE COURT: Motion is denied, for the
24 reasons that I have alreadÿ stated before. When you
25 make a submission, it has to be with documentaró
3 of 6
INDEX
INDEX NO.
NO. EF001635-2024
EF002694-2023
FILED:
FILED: ORANGE
ORANGE COUNTY
COUNTY CLERK
CLERK 02/28/2024
07/07/2023 09:31
12:00 AM
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 21
5 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 02/28/2024
07/07/2023
. .
- Proceedings - '. 4
.. 1 proof. If it's for an apartment, you have to show that
2 you've gone to ifferent places, different brokers,
3 and you've seen different apartments, and proposed
4 apartments that are available. If it's for a car, it
5 means that you went to a dealer and you've gotten
6 different cars that you were interested in, and if
7 it's a certified preowned you would have to then show
8 the preowned vehicle that you have your mind set on.
9 If it's for a house, you have to make sure that you've
10 gone to a broker. You've gone to different brokers,
11 and these are all the properties that you've looked at
12 and that you're focussing on one. These are
13 submissions that -- because it's documented. And
14 understand that you have to look for a job, because
15 it's in case you needed it for the future. Do you have
16 any children?
.
17 JAZMYNE WARF: No, Your Honor.
18 THE COURT: Okay. Well, that's a good thing.
19 Because, your children, and your children's children
20 would be looking for this money, if in case, you were
21 a mom, and you were no longer here on earth. You
22 understand what I'm saying?
23 . JAZMYNE WARF: Yes.
24 THE COURT: And you just got money out. So
25 it's your job to get a job. You understand? If you
4 of 6
INDEX
INDEX NO.
NO. EF001635-2024
EF002694-2023
FILED:
FILED: ORANGE
ORANGE COUNTY
COUNTY CLERK
CLERK 02/28/2024
07/07/2023 09:31
12:00 AM
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 21
5 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 02/28/2024
07/07/2023
- Proceedings - 5
1 can. I see you -- you're ambulatory, you can
pretty
2 walk, right? And you can address the Court like you
3 have right now, right? .
4 JAZHYNE WARF: Yes, Your Honor.
5 . THE COURT: So, the reason why the Court is
6 denying it is because we don't have sufficient
7 documentary proof to show what your thought process
8 is, in obtaining these items that you've thought of.
9 Okay? And more so, is that you're giving up a lot of
10 the money that you have in the structured settlement,
11 for a little amount, that they're giving you now. Do
12 you understand that?
13 JAZMYNE WARF: Yes, Your Honor.
14 THE COURT: 'So, I wish you best in your
15 endeavors to try to find a job. I wish you much
16 success. And this is denied. Thank you.
17 MS. ALPERT: We can upload a proposed --
18 THE COURT: Without prejudice. I'm sorry?
19 MS. ALPERT: We can upload a proposed denial
20 order.
21 THE COURT: You can order the transcript.
22 · MS. ALPERT: Oh, okay.
23 THE COURT: Just order the transcript, and
24 that's your denial order.
25 MS. ALPERT: Okay, so just order it. and then
5 of 6
INDEX
INDEX NO.
NO. EF001635-2024
EF002694-2023
FILED:
FILED: ORANGE
ORANGE COUNTY
COUNTY CLERK
CLERK 02/28/2024
07/07/2023 09:31
12:00 AM
PM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 21
5 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 02/28/2024
07/07/2023
- Proceedings - 6
1 upload it, once we receive it.
2 THE COURT: Once you order it, she will send
3 me a copy of it, for me to sign and my Part will
4 upload it.
5 MS. ALPERT: Okay, thank you.
6 THE COURT: You're very welcome.
7 (Whereupon the proceedings were concluded at
8 11:24AM.)
9 o00
10 Certified to be a true and accurate transcript.
11
12
TANIA MILZA
13 SENIOR COURT REPOR ER
14
15 !-.
SO ORDERED THIS DAY OF , 2022.
17 TF(E 4ION MARIA VAZQUEZ DOLES,
Justi of the Supreme Court
18
19
20
21
22
23
24
25
6 of 6
Preview
FILED: ORANGE |FILEÓ:ORANGE COUNTY CLERK CLERK 02/28/2024 07/07/2023 09:31 AM INDEX INDEX NO. NO. EF001635-2024 EF002694-2023 COUNTY 12:0O PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 5 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/28/2024 07/07/2023 SUPREME COURT COUNTY OF ORANGE : STATE OF NEW YORK ----------------------------------------------x J.G. WENTWORTH ORIGINATIONS, LLC, Plaintiff, -against- Index No. EF002694-2023 TALCOTT RESOLUTION LIFE INSURANCE COMPANY, ET AL, Defendant. - - . . . - - - . - - . - . . - . - . . - . - . - . . - - - .-- - - - - - - - - - - - - - x .STRUCTURED SETTLEMENT 06/12/2023 285 Main Street Orange County Courthouse Goshen, New York 10924 B E F O R E: HON. MARIA VAZQUEZ DOLES, SUPREME COURT JUSTICE A P P E A R A N C E S: NAPIERSKI, VANDENBURGH,. NAPIERSKI & O'CONNOR, LLP COURTNEY L. ALPERT, ESQ. 296 Washington Avenue Extension #3 Albany, NY 12203 TANIA MILZA, SENIOR COURT REPORTER Filed in Orange County 07/07/2023 12:00:10 PM $0.00 Bk: 3152f 6 Pg: 1481 Index: # EF002694-2023 Clerk: SW Filed in Orange County 02/28/2024 09:31:16 AM $0.00 Bk: 5156 Pg: 1439 Index: # EF001635-2024 Clerk: EBR FILED: FILED: ORANGE ORANGE COUNTY COUNTY CLERK CLERK 02/28/2024 07/07/2023 09:31 12:00 AM INDEX INDEX NO. NO. EF001635-2024 EF002694-2023 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 5 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/28/2024 07/07/2023 - Proceedings - 2 1 COURT CLERK: This is No. 8 on the calendar, 2 the matter of J.G. Wentworth Originations, LLC. It's 3 Talcott Resolution Life Insurance Company, Index No. 4 EF002694-2023. Appearances, please. 5 HS. ALPERT: Courtney Alpert from Napierski, 6 VanDenburgh, Nap.ierski & O'Connor for J.G. Wentworth 7 Originations, LLC. 8 COURT CLERK: And we have the payee here. Can 9 you -please state your first and last. name. 10 JAZMYNE WARF: Jazmyne Warf. 11 THE COURT: Okay, there was an.application 12 to get money out, and I did not receive any 13 submissions as to what the money was going to be used 14 'for. 15 MS. ALPERT: Your Honor, so I have spoken 16 with Ms. Warf and she has advised that she would like 17 to use the money for a few different things. Right now 18 she_,is in .a transition period where she is .working 19 part-time through Door Dash. The income from that is 20 inconsistent. she has applied for other.jobs However, 21 and recently she has interviews for a full-time 22 .positions at FedEx, at Amazon, doing delivery work. 23 But in the meantime, she is hoping to obtain a 24 different vehicle, The vehicle she has, even in the - 25 past year has had a hundred thousand miles put on it, 2 of 6 FILED: FILED: ORANGE ORANGE COUNTY COUNTY CLERK CLERK 02/28/2024 07/07/2023 09:31 12:00 AM INDEX INDEX NO. NO. EF001635-2024 EF002694-2023 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 5 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/28/2024 07/07/2023 - Proceedings - 3 1 and it. has some serious issues, and so she needs to 2 get a newer vehicle. She also -- 3 THE COURT: Where are these submissions? I 4 know that they're all allegations of what she is going 5 to do. And it seems to be going in all different 6 directions. However, she just got money from . 7 Judge Williams, on her recent application, where she 8 is giving.up a lot of money to get these small little 9 amounts of money. So, the Court has to look at what 10 she would need for the future, as well as any 11 submissions to solidify what it is that she is using. 12. The submissions that she submitted have none of that. 13 All is all allegation form as so what she plans to do 14 in the future. Maybe get a job, maybe not. She's 15 applied to different positions, but she said that last 16 time, with Judge Williams, and still nothing. 17 MS. ALPERT: I apologize that there wasn't 18 specific proof of use submitted. I would be happy to 19 submit after -- that, 20 THE COURT: This motion is denied. The case 21 is dismissed. 22 MS. ALPERT.: Okayc 23 THE COURT: Motion is denied, for the 24 reasons that I have alreadÿ stated before. When you 25 make a submission, it has to be with documentaró 3 of 6 INDEX INDEX NO. NO. EF001635-2024 EF002694-2023 FILED: FILED: ORANGE ORANGE COUNTY COUNTY CLERK CLERK 02/28/2024 07/07/2023 09:31 12:00 AM PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 21 5 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/28/2024 07/07/2023 . . - Proceedings - '. 4 .. 1 proof. If it's for an apartment, you have to show that 2 you've gone to ifferent places, different brokers, 3 and you've seen different apartments, and proposed 4 apartments that are available. If it's for a car, it 5 means that you went to a dealer and you've gotten 6 different cars that you were interested in, and if 7 it's a certified preowned you would have to then show 8 the preowned vehicle that you have your mind set on. 9 If it's for a house, you have to make sure that you've 10 gone to a broker. You've gone to different brokers, 11 and these are all the properties that you've looked at 12 and that you're focussing on one. These are 13 submissions that -- because it's documented. And 14 understand that you have to look for a job, because 15 it's in case you needed it for the future. Do you have 16 any children? . 17 JAZMYNE WARF: No, Your Honor. 18 THE COURT: Okay. Well, that's a good thing. 19 Because, your children, and your children's children 20 would be looking for this money, if in case, you were 21 a mom, and you were no longer here on earth. You 22 understand what I'm saying? 23 . JAZMYNE WARF: Yes. 24 THE COURT: And you just got money out. So 25 it's your job to get a job. You understand? If you 4 of 6 INDEX INDEX NO. NO. EF001635-2024 EF002694-2023 FILED: FILED: ORANGE ORANGE COUNTY COUNTY CLERK CLERK 02/28/2024 07/07/2023 09:31 12:00 AM PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 21 5 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/28/2024 07/07/2023 - Proceedings - 5 1 can. I see you -- you're ambulatory, you can pretty 2 walk, right? And you can address the Court like you 3 have right now, right? . 4 JAZHYNE WARF: Yes, Your Honor. 5 . THE COURT: So, the reason why the Court is 6 denying it is because we don't have sufficient 7 documentary proof to show what your thought process 8 is, in obtaining these items that you've thought of. 9 Okay? And more so, is that you're giving up a lot of 10 the money that you have in the structured settlement, 11 for a little amount, that they're giving you now. Do 12 you understand that? 13 JAZMYNE WARF: Yes, Your Honor. 14 THE COURT: 'So, I wish you best in your 15 endeavors to try to find a job. I wish you much 16 success. And this is denied. Thank you. 17 MS. ALPERT: We can upload a proposed -- 18 THE COURT: Without prejudice. I'm sorry? 19 MS. ALPERT: We can upload a proposed denial 20 order. 21 THE COURT: You can order the transcript. 22 · MS. ALPERT: Oh, okay. 23 THE COURT: Just order the transcript, and 24 that's your denial order. 25 MS. ALPERT: Okay, so just order it. and then 5 of 6 INDEX INDEX NO. NO. EF001635-2024 EF002694-2023 FILED: FILED: ORANGE ORANGE COUNTY COUNTY CLERK CLERK 02/28/2024 07/07/2023 09:31 12:00 AM PM NYSCEF NYSCEF DOC. DOC. NO. NO. 21 5 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/28/2024 07/07/2023 - Proceedings - 6 1 upload it, once we receive it. 2 THE COURT: Once you order it, she will send 3 me a copy of it, for me to sign and my Part will 4 upload it. 5 MS. ALPERT: Okay, thank you. 6 THE COURT: You're very welcome. 7 (Whereupon the proceedings were concluded at 8 11:24AM.) 9 o00 10 Certified to be a true and accurate transcript. 11 12 TANIA MILZA 13 SENIOR COURT REPOR ER 14 15 !-. SO ORDERED THIS DAY OF , 2022. 17 TF(E 4ION MARIA VAZQUEZ DOLES, Justi of the Supreme Court 18 19 20 21 22 23 24 25 6 of 6