Motion-Secondary: Avrey Park, Llc v. Allstate Settlement Corporation, Allstate Life Insurance Company

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                                ADAM ZOLDESSY, P.C. Atan IAS Part ___ of the Supreme

46 South Broadway, 3 FI. Court of the State of New York
Nyack, New York 10960 Held in and for the County of
212-673-9394 (p) Niagara at the Supreme Court
212-673-7934 (f) Thereof, 175 Hawley St
Lockport, NY 14094
On the Day of
2015
PRESENT:
Hon.
Justice
nna sees iharsonineneniensdonee D4
In the Matter of the Petition of AVREY PARK, LLC Index No.

For Approval of Transfer of Structured Settlement Payment
Rights In Accordance with New York GOL §5-1701,

Petitioner,
ORDER TO
-against- SHOW
CAUSE
ALLSTATE SETTLEMENT CORPORATION,
and ALLSTATE LIFE INSURANCE COMPANY,

Respondents.
deed sereiamnnineonw crease sarsuciouurerend X

Upon the annexed Petition of AVREY PARK, LLC dated April 30, 2015, the

 

Affidavit of Respondent, SARAH BASSLER (“Payee”) and upon the exhibits annexed
thereto:

LET the Respondents, Payee, ALLSTATE SETTLEMENT CORPORATION and
ALLSTATE LIFE INSURANCE COMPANY, show cause before this Court at an IAS
Part, , to be held at the Supreme Court, Room ___. 175 Hawley Street,
Lockport, NY 14094 onthe day of 2015at__—_a.m./p.m. of that
day or as soon thereafter as counsel can be heard, why an order should not be made and
entered herein finding that:

a. the transfer of structured settlement rights pursuant to the transfer

agreement between Payee and AVREY PARK, LLC (“AVREY PARK”),as Transferee/Petitioner, complies with all requirements of the Structured
Settlement Protection Act, General Obligations Law § 5-1701 ef seq., and
26 U.S.C. §5891; and

db. 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 the transaction,
including the discount rate used to determine the gross advance amount
and the fees and expenses used to determine the net advance amount, is
fair and reasonable;

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;

d. the transfer does not contravene any applicable federal or state statute or
the order of any court or other responsible or government authority; and

e. the transfer agreement and all disclosures are written in plain language and
in compliance with General Obligations Law §5-702; and ordering that

1. the transfer of structured settlement rights pursuant to the transfer

agreement between Payee and AVREY PARK be approved; and

2. ALLSTATE SETTLEMENT CORPORATION, as the Structured
Settlement Obligor, and ALLSTATE LIFE INSURANCE
COMPANY as the Annuity Issuer, be directed to make the
payments that are the subject of the Petition to AVREY PARK;
and

And why the Petitioner should not have such other and further relief as this Court

may seem just and proper; and it is furtherORDERED that service of a copy of this Order to Show Cause together with the
papers upon which it is granted upon respondents the Payee, ALLSTATE
SETTLEMENT CORPORATION, as the Structured Settlement Obligor and ALLSTATE
LIFE INSURANCE COMPANY as the Annuity Issuer, by Personal Service and
pursuant to CPLR §311 and Insurance Law §1212 Or by Overnight Mail which itself
shall be deemed sufficient service on or before the day of

2015 (which date shall at least 20 days before the time at which
the Petition is noticed to be heard) shall be deemed good and sufficient service thereof;
and it is further

ORDERED that responding papers, if any, shall be served at least seven (7) days
before the Petition is noticed to be heard.

ENTER:

Justice of the Supreme Court
Of the State of New York