Section 101. Transitory provisions  


Latest version.
  • (1) From and after the effective date of
      this  act  the court of special sessions of the city of New York and the
      city magistrates' courts of the city of  New  York  are  abolished,  and
      thereupon  the  seals,  records, papers and documents of or belonging to
      such courts shall be in the custody of the court herein established.
        (2) All actions and  proceedings  pending  in  the  court  of  special
      sessions of the city of New York and the city magistrates' courts of the
      city  of  New  York  on  the  effective  date  of  this  act  are hereby
      transferred to the court herein established in  the  counties  in  which
      such  actions  and  proceedings are then pending. All appeals pending in
      the court of special sessions of the city of New York on  the  effective
      date  of  this act shall be heard and determined in accordance with, and
      further appeal therein governed by, the provisions  of  paragraph  a  of
      section  thirty-four  of article six of the constitution and the code of
      criminal procedure.
        (3) In the event that a judgment or order was entered in the court  of
      special  sessions  of  the  city of New York or in the city magistrates'
      courts of the city of New York before the effective date of this act and
      a right of appeal existed and notice of appeal therefrom is filed  after
      the  effective  date  of  this  act,  such  appeal shall be taken to the
      appellate division of the supreme court in the  judicial  department  in
      which the court in which such judgment or order was entered was located.
      Further  appeal from a decision of the appellate division of the supreme
      court, or of an  appellate  term  thereof  if  the  initial  appeal  was
      transferred to it, shall be governed by the provisions of article six of
      the  constitution  and  the code of criminal procedure. This subdivision
      shall not affect a judgment or order entered in  the  court  of  special
      sessions  of  the city of New York before the effective date of this act
      upon an appeal from a city magistrates' court of the city of  New  York;
      in  such  cases  permissive  appeal shall lie to the court of appeals in
      accordance with the provisions of the code of criminal procedure.
        (4) No appeal, action  or  proceeding  pending  before  the  court  of
      special sessions of the city of New York or the city magistrates' courts
      of  the city of New York, or before any judge or justice of such courts,
      on the effective date of this act shall abate but such appeal, action or
      proceeding so pending shall be continued in the court herein established
      or in the appellate division of the supreme court, as the case  may  be,
      as  provided in this section and, for the purposes of the disposition of
      such actions and proceedings only, the jurisdiction of the court  herein
      established  shall  be coextensive with the jurisdiction of the court of
      special sessions of the city of New York and  the  jurisdiction  of  the
      city magistrates' courts of the city of New York. Subsequent proceedings
      in  any  such  appeal,  action  or  proceeding  shall  be  conducted  in
      accordance with the provisions of this act and such other laws as are in
      force on the effective date of this act.
        (5) The provisions of this section are subject and subordinate to  any
      conflicting  provision  of  a  chapter  of  the laws of nineteen hundred
      sixty-two known as the family court act.