Section 3163. Pending actions and proceedings

Upon the transfer pursuant to
  section  thirty-one hundred fifty-six of this title of the functions and
  powers possessed by and all of the obligations and  duties  of  the  New
  York  state  office  of  science,  technology  and  academic research as
  established pursuant to article ten-B of the executive law  transfer  to
  the  foundation as prescribed by section thirty-one hundred fifty-six of
  this title, no action or proceeding pending on  the  effective  date  of
  this  title, brought by or against the New York state office of science,
  technology and academic research or executive director thereof shall  be
  affected  by any provision of this title, but the same may be prosecuted
  or defended in the name of the executive director of the foundation.  In
  all  such  actions  and proceedings, the foundation, upon application to
  the court, shall be substituted as a party.