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15-2139 - Hudson River Regulating District and Black River Regulating District: Transfer of Functions; Pending Actions and Proceedings; Interpretation of Docume

NY Env Cons L § 15-2139 (2019) (N/A)
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District: transfer of functions; pending actions and

proceedings; interpretation of documents; existing rights

and remedies.

1. Except as hereinafter provided, the contracts, books, maps, plans, papers, records and property of whatever description within the jurisdiction or under the control of the Hudson River Regulating District or the Black River Regulating District, including moneys appropriated and available to such districts, pertaining to or used in connection with the exercise or performance of the functions, powers and duties hereby transferred and assigned, shall be delivered to the secretary of the board of the Hudson River-Black River Regulating District, who is hereby authorized to take possession thereof.

2. For the purposes of succession, the functions, powers and duties transferred, assigned to, and devolving upon the Hudson River-Black River Regulating District shall be deemed to constitute a continuation of such functions, powers and duties exercised by the Hudson River Regulating District and the Black River Regulating District, and the acts, orders, rules, regulations and determinations of such districts shall have, and continue with, the same force and effect as though done by or made by the Hudson River-Black River Regulating District.

3. Any business or matter heretofore undertaken or commenced by or before the Hudson River Regulating District or the Black River Regulating District, or any action or proceeding heretofore brought by or against such districts, pertaining to or connected with the functions, powers and duties hereby transferred and assigned to the Hudson River-Black River Regulating District may be conducted, completed, prosecuted and defended by and in the name of the Hudson River-Black River Regulating District. In all such actions and proceedings the Hudson River-Black River Regulating District, upon application to the court, may be substituted as a party.

4. When the Hudson River Regulating District or the Black River Regulating District is referred to or designated in any law, contract or document, such reference or designation shall be deemed to refer to and include the Hudson River-Black River Regulating District so far as such law, contract or document pertains to matters which are within its jurisdiction by reason of such transfer and assignment of functions, powers and duties.

5. No existing right or remedy of any character shall be lost, or affected by reason of the provisions of sections 15-2137, 15-2139 and 15-2141.

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15-2139 - Hudson River Regulating District and Black River Regulating District: Transfer of Functions; Pending Actions and Proceedings; Interpretation of Docume