Petition of Singer Asset Finance

714 A.2d 322, 314 N.J. Super. 116
CourtNew Jersey Superior Court Appellate Division
DecidedMay 14, 1998
StatusPublished
Cited by11 cases

This text of 714 A.2d 322 (Petition of Singer Asset Finance) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petition of Singer Asset Finance, 714 A.2d 322, 314 N.J. Super. 116 (N.J. Ct. App. 1998).

Opinion

714 A.2d 322 (1998)
314 N.J. Super. 116

In re the Petition of SINGER ASSET FINANCE COMPANY, L.L.C., for an Order Allowing a Turnover of Barreca Lottery Winnings pursuant to N.J.S.A. 5:9-13.

Superior Court of New Jersey, Appellate Division.

Argued April 20, 1998.
Decided May 14, 1998.

Clifford T. Rones, Deputy Attorney General, for appellant New Jersey Division of State Lottery (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Brian J. Litten, Deputy Attorney General and Mr. Rones, on the brief).

Moira E. O'Connell, Morristown, for respondent, Singer Asset Finance Company (Catalano and O'Connell, attorneys; Ms. O'Connell, of counsel and on the brief; Margaret F. Catalano, also on the brief).

Before Judges LANDAU, COLLESTER and BILDER.

The opinion of the court was delivered by BILDER, J.A.D. (retired and temporarily assigned on recall).

This case involves the voluntary assignability of state lottery winnings. The sole issue *323 is whether N.J.S.A. 5:9-13, a section of the State Lottery Law, N.J.S.A. 5:9-1 to 5:9-25, permits such assignments.

N.J.S.A. 5:9-13 provides:

No right of any person to a prize drawn shall be assignable, except that payment of any prize drawn may be paid to the estate of a deceased prized winner, and except that any person pursuant to an appropriate judicial order may be paid the prize to which the winner is entitled. The director shall be discharged of all further liability upon payment of a prize pursuant to this section.

On June 18, 1987 Caroline Barreca won a share in a prize of over two million dollars in the New Jersey Lottery. As such she became entitled to receive $63,500 each June for twenty years, i.e., until June 22, 2006. On November 7, 1996 Ms. Barreca entered into an agreement with petitioner Singer Asset Finance Company, L.L.C. in which she agreed to assign to Singer $50,000 of the payments due June 22, 1999 and June 22, 2000 in return for a present payment to her of $72,000. The agreement was conditioned upon the entry of a court order "directing the State Lottery to recognize [the agreement] and to make the Assigned Payments, without reduction or set off (other than income tax withholding), directly to [Singer]" and a "written acknowledgement from the State Lottery * * * confirming that [Ms. Barreca] is the winner of [the assigned prize] and acknowledging the State Lottery's unqualified agreement to make all of the Assigned Payments to [Singer]."

Singer filed a petition in the Law Division in which it sought to proceed summarily for an order to allow the turnover of the assigned portion of Ms. Barreca's prize, an order which it characterized as an "appropriate judicial order" permitted by N.J.S.A. 5:9-13. Over the opposition of the Division of State Lottery, on February 14, 1997 the Law Division entered an order stated to be "entered pursuant to N.J.S.A. 5:9-13," requiring that Singer's assignee[1] be paid the assigned portion of the payments due to Ms. Barreca, ordering that taxes be withheld and credited to Singer's assignee, and requiring the Division of State Lottery to acknowledge in writing that it will unconditionally pay the lottery prize payments in accordance with the order. The Division appeals.

I.

The issue is strictly a question of statutory construction. In the only published opinion concerning this issue, McCabe v. Director N.J. Lottery Commission, 143 N.J.Super. 443, 363 A.2d 387 (Ch.Div.1976), Judge Kimmelman examined N.J.S.A. 5:9-13 and noted that, as an exception to the statutory general rule making the prizes unassignable, the phrase "appropriate judicial order" must be strictly construed so as not to run counter to the general statutory prohibition against assignments. Id. at 447-448, 363 A.2d 387. Reading the phrase in context with the other exception, the death of the prize winner, he concluded that a court order sanctioning an assignment of winnings was limited to circumstances of necessity. Id. at 448, 363 A.2d 387. We agree.

Absent a clear indication to the contrary, language in a statute is to be read in accordance with its plain and ordinary meaning. Service Armament Co. v. Hyland, 70 N.J. 550, 556, 362 A.2d 13 (1976). Our duty is to construe and apply the statute as enacted. We are not at liberty to presume the legislature intended something other than what it expressed by its plain language. This Court will not engage in conjecture or surmise which will circumvent the plain meaning of the act. Gangemi v. Berry, 25 N.J. 1, 10, 134 A.2d 1 (1957). If a litigant is dissatisfied with the manner in which the Legislature has spoken, its recourse lies with that branch, not with this court. In re Jamesburg High School Closing, 83 N.J. 540, 548, 416 A.2d 896 (1980). This is particularly true where, as here, there is no helpful legislative history. See Marotta v. Burgio, 185 N.J.Super. 172, 175-176, 447 A.2d 937 (Law Div.1982).

As Judge Kimmelman correctly noted the disputed language must be read in the context of the whole phrase— *324 No right * * * shall be assignable, except that payment * * * may be paid to the estate of a deceased prize winner, and except that any person pursuant to an appropriate judicial order may be paid the prize to which the winner is entitled

—and not extended beyond its reasonable bounds. He was applying a well established principle of construction which instructs that general words following specific words are to be construed to be limited by the preceding general words—ejusdem generis. See Denbo v. Moorestown Twp., 23 N.J. 476, 481-482, 129 A.2d 710 (1957). Exceptions in a legislative enactment are to be strictly construed in a manner consistent with the purpose of the law. Service Armament Co. v. Hyland, supra, 70 N.J. at 558-559, 362 A.2d 13.

The Legislature has ordained that the prize rights shall not be assignable and has thereafter carved out exceptions. Read together it can be seen that the two exceptions relate to a common problem—extrinsic events necessitating a transfer of the right to receive the moneys. The first exception deals with the death of the recipient. The second exception, read in pari materia, relates to other extrinsic events creating legal necessity, e.g., spousal or child support, equitable distribution. To read the second exception more broadly so as to encompass any reason, voluntary as well as involuntary, as long as there is a court order, as petitioner argues, would permit the exception to overrule the legislative prohibition against assignments—an unreasonable result. See Beemer v. Solar Oil Co. Sussex, 96 N.J.Super. 50, 58, 232 A.2d 447 (App.Div.1967). Moreover, as the Pennsylvania Supreme Court noted in construing a similar statute, the provision for "an appropriate judicial order" furnishes no standard for the court to follow in acting upon a request for approval of a voluntary assignment. See Lotto Jackpot Won by Marianov, 533 Pa. 402, 406, 625 A.2d 637, 639-640 (1993)(construing similar language in the Pennsylvania Lottery Law). "The absence of a standard is an indication that the construction of the statute permitting a right of assignment with leave of the court is not what the General Assembly intended." Id., 533 Pa. at 406, 625 A.2d at 640.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Michael Cheski v. Board of Trustees, Etc.
New Jersey Superior Court App Division, 2024
Dulce Vieira v. Board of Trustees, Etc.
New Jersey Superior Court App Division, 2024
Salkin v. Stone Street Capital, Inc. (In Re Jack)
297 B.R. 279 (S.D. Florida, 2010)
D'ANNUNZIO v. Prudential Ins. Co.
891 A.2d 673 (New Jersey Superior Court App Division, 2006)
McCauley v. State
19 N.J. Tax 581 (New Jersey Tax Court, 2001)
State v. NW
747 A.2d 819 (New Jersey Superior Court App Division, 2000)
Turner v. First Union National Bank
740 A.2d 1081 (Supreme Court of New Jersey, 1999)
Singer Asset Finance Co. v. State
714 A.2d 317 (New Jersey Superior Court App Division, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
714 A.2d 322, 314 N.J. Super. 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petition-of-singer-asset-finance-njsuperctappdiv-1998.