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APPEALS Section 2701. Appeal; general applicability of CPLR. 2702. Proceedings upon remittitur. S 2701. Appeal; general applicability of CPLR 1. Except as otherwise provided in this act either expressly or by necessary implication all of those provisions of the CPLR which govern appeals generally, CPLR article 55, and appeals to the appellate division from judgments and orders of the supreme court, CPLR article 57, and such other CPLR provisions as are relevant in conjunction with such appeals shall be applicable to appeals from decrees and orders of this court. For such purpose the following terms as used in the CPLR shall have the meanings ascribed: (a) "Action" shall mean "proceeding"; (b) "Judgment" shall mean "decree"; (c) "Plaintiff" shall mean "petitioner" or "applicant"; and (d) "Defendant" shall mean "respondent". 2. In the event a verdict was not returned an appeal may be taken from an order denying a motion for the direction of judgment. S 2702. Proceedings upon remittitur Remittitur from the appellate court to this court shall also be as provided in the CPLR, except that any decree or order to be entered in this court upon the remittitur shall be as directed by the court.
REPEAL; SAVINGS CLAUSE; EFFECTIVE DATE Section 2801. Repeal of surrogate`s court act. 2802. Pending and subsequent actions and proceedings. 2803. Reference to surrogate`s court act. 2804. Effect of unconstitutionality in part. 2805. Effective date. S 2801. Repeal of surrogate`s court act. Chapter 928 of the laws of 1920, entitled "An act in relation to surrogates and the practice and procedure in surrogate`s courts" and all acts amendatory thereof and supplemental thereto, constituting the surrogate`s court act, as heretofore in effect, are hereby repealed. S 2802. Pending and subsequent actions and proceedings This act shall apply to all actions and proceedings hereafter commenced. It shall also apply to all further proceedings in pending actions and proceedings except to the extent that the court determines that the application in a particular pending action or proceeding would not be feasible or would work injustice, in which event the former procedure applies. Proceedings pursuant to law in an action or proceeding taken prior to the time this act takes effect shall not be rendered ineffectual or impaired by this act. S 2803. Reference to surrogate`s court act This act shall succeed the surrogate`s court act and shall be deemed substituted therefor throughout the statutes and rules of the state. Reference in any statute or rule to a particular provision of the surrogate`s court act or to any part thereof shall, insofar as practicable, be deemed to refer to: 1. Such provision of this act or part thereof as replaces the prior provision or part thereof or 2. Such practice as replaces that of the prior provision or part thereof, whether the practice is supplied by statute other than this act or by authority other than statute, if the prior provision or part thereof is not superseded by a specific provision of this act. S 2804. Effect of unconstitutionality in part If any clause, sentence, paragraph, subdivision, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered. S 2805. Effective date This act shall take effect September first, nineteen hundred sixty-seven.
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