§ 101 — Transitory provisions

§ 101. Transitory provisions. (1) From and after the effective date of\nthis act the court of special sessions of the city of New York and the\ncity magistrates' courts of the city of New York are abolished, and\nthereupon the seals, records, papers and documents of or belonging to\nsuch courts shall be in the custody of the court herein established.\n (2) All actions and proceedings pending in the court of special\nsessions of the city of New York and the city magistrates' courts of the\ncity of New York on the effective date of this act are hereby\ntransferred to the court herein established in the counties in which\nsuch actions and proceedings are then pending. All appeals pending in\nthe court of special sessions of the city of New York on the effective\ndate of this act shall be heard and determined in accordance with, and\nfurther appeal therein governed by, the provisions of paragraph a of\nsection thirty-four of article six of the constitution and the code of\ncriminal procedure.\n (3) In the event that a judgment or order was entered in the court of\nspecial sessions of the city of New York or in the city magistrates'\ncourts of the city of New York before the effective date of this act and\na right of appeal existed and notice of appeal therefrom is filed after\nthe effective date of this act, such appeal shall be taken to the\nappellate division of the supreme court in the judicial department in\nwhich the court in which such judgment or order was entered was located.\nFurther appeal from a decision of the appellate division of the supreme\ncourt, or of an appellate term thereof if the initial appeal was\ntransferred to it, shall be governed by the provisions of article six of\nthe constitution and the code of criminal procedure. This subdivision\nshall not affect a judgment or order entered in the court of special\nsessions of the city of New York before the effective date of this act\nupon an appeal from a city magistrates' court of the city of New York;\nin such cases permissive appeal shall lie to the court of appeals in\naccordance with the provisions of the code of criminal procedure.\n (4) No appeal, action or proceeding pending before the court of\nspecial sessions of the city of New York or the city magistrates' courts\nof the city of New York, or before any judge or justice of such courts,\non the effective date of this act shall abate but such appeal, action or\nproceeding so pending shall be continued in the court herein established\nor in the appellate division of the supreme court, as the case may be,\nas provided in this section and, for the purposes of the disposition of\nsuch actions and proceedings only, the jurisdiction of the court herein\nestablished shall be coextensive with the jurisdiction of the court of\nspecial sessions of the city of New York and the jurisdiction of the\ncity magistrates' courts of the city of New York. Subsequent proceedings\nin any such appeal, action or proceeding shall be conducted in\naccordance with the provisions of this act and such other laws as are in\nforce on the effective date of this act.\n (5) The provisions of this section are subject and subordinate to any\nconflicting provision of a chapter of the laws of nineteen hundred\nsixty-two known as the family court act.\n