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  4. Article 22: Transition


Section 2204 Appeal involving abolished court; judgment or order of abolished court

New York City Civil Court (CCA)

Appeal involving abolished court; judgment or order of abolished court. (a) If on the effective date of this act there existed a right of appeal from a judgment or order entered before the effective date of this act in either the city court or the municipal court of the city of New York, and the time in which to appeal as provided for in the practice obtaining in those courts has not expired, such time shall continue to run as if such courts were not abolished and an appeal may be taken within such time by the service of a notice of appeal upon the respondent or respondents and by the filing of the same with the clerk of this court in the county wherein, or embracing the district wherein, the judgment or order was entered in the abolished court.

  (b) Such appeal shall be taken to the appellate division of the appropriate department, and may be transferred by such appellate division to an appellate term of such department if such term be established. Further appeal from either of such courts shall be governed by the same provisions as would govern judgments or orders entered in this court after the effective date of this act.

  (c) If the judgment or order is entered by this court after the effective date of this act, it shall be treated, for purposes of appeal, as if the action or proceeding was commenced in this court, except as provided in subdivision (d).

  (d) If in any action or proceeding decided prior to the effective date of this act, a party had a right of direct appeal from one of the abolished courts to the court of appeals, such appeal may be taken directly to the court of appeals during the time such party would have had under the practice obtaining in the abolished court as if such court were not abolished; and if the judgment or order in such case is entered in this court after the effective date of this act, the time in which to take such direct appeal shall be governed by the practice obtaining in the abolished court as if such court entered the judgment or order. The notice of appeal, if not filed as of the effective date of this act, shall be served on the respondent or respondents and shall be filed with the clerk of this court in the county wherein, or embracing the district wherein, the judgment or order was or would have been entered in the abolished court.

  (e) For all purposes except appeal, a judgment or order entered by either abolished court shall be treated as if the action or proceeding in which the same was entered was commenced in this court and the judgment or order entered herein.