Section 2611. Pending actions and proceedings  


Latest version.
  • (a) No action or proceeding,
      civil or criminal, pending at the time when this act shall take  effect,
      shall  be  affected  or abated by the passage of this act or by anything
      herein contained. All actions or proceedings, civil or criminal, pending
      in the courts of special sessions of the towns of  Babylon,  Huntington,
      Islip,  Smithtown and Brookhaven or pending before justices of the peace
      in the said towns on December thirty-first, nineteen hundred sixty-five,
      the date such courts are to be abolished, are hereby transferred to  the
      district court of Suffolk county.
        (b) For the purpose of the disposition of such actions and proceedings
      only,  the jurisdiction of the district court of Suffolk county shall be
      deemed:
        (1) expanded to that of the  abolished  court  whenever  necessary  to
      sustain  the  jurisdiction  of the district court of Suffolk county over
      such action or proceeding if the abolished court has jurisdiction of the
      same; and
        (2) contracted to that of the abolished court so  as  to  prevent  the
      district court of Suffolk county from giving relief of such nature or in
      such amount as could not be given by the abolished court.
        (c) Except as provided for in the foregoing, practice and procedure in
      such  actions and proceedings shall be as if the same were instituted in
      the district  court  of  Suffolk  county  after  December  thirty-first,
      nineteen hundred sixty-five. But if the court shall find that a practice
      or  procedure  is  necessary  to  the  disposition  of  such  action  or
      proceeding, the court may permit recourse to or completion of the same.
        (d) All warrants theretofore issued by magistrates of  the  courts  of
      special  sessions  of the towns of Babylon, Huntington, Islip, Smithtown
      and Brookhaven  shall  after  December  thirty-first,  nineteen  hundred
      sixty-five,  be  deemed  valid warrants of the district court of Suffolk
      county and be returnable therein.