§ 269. Pending actions and proceedings. No action or proceeding
pending at the time when this chapter shall take effect, brought by or
against the superintendent of public works or the department of public
works shall be affected by any provision of this chapter, but the same
may be prosecuted or defended in the name of the commissioner or
department of transportation. In all such actions and proceedings, the
department of transportation, upon application to the court, shall be
substituted as a party.