N.Y. New York City Criminal Court Act § 101: Transitory provisions

§ 101. Transitory provisions. (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.