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This entry was published on 2014-09-22
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SECTION 2611
Pending actions and proceedings
Uniform District Court Act (UDC) CHAPTER 565, ARTICLE 26, TITLE 1
§ 2611. Pending actions and proceedings. (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.