New York § 7-103 - 7-103Transitional provisions

§ 7-103. 7-103Transitional provisions

§ 7-103. Transitional provisions. 1. Upon the transfer of functions pursuant to this article within the state fiscal year within which this act shall take effect, provision shall be made for the transfer to the state energy office of employees of all directly affected state agencies whom the commissioner determines to be required by the office, subject to the approval of the director of budget. Employees so transferred shall be transferred without further examination or qualification and shall retain their respective civil service classifications and status until or unless reclassified or reallocated. For the purpose of determining the employees holding permanent appointments in competitive class positions to be transferred, such employees shall be selected in each class of positions in the order of their original appointment, with due regard to the right of preference in retention of disabled and nondisabled veterans. Any such employee who, at the time of such transfer, has a temporary or provisional appointment shall be transferred subject to the same right of removal, examination or termination as though such transfer had not been made. Employees holding permanent appointments in competitive class positions who are not transferred pursuant to this section shall have their names entered upon an appropriate preferred list for reinstatement pursuant to the civil service law. 2. The directors and officers of state agencies, the functions, powers, duties and obligations of which are transferred by this chapter shall deliver to the state energy office all books, papers, records and property of such agencies, and of the directors and officers thereof pertaining to the functions herein transferred. 3. For the purpose of succession to all functions, powers, duties and obligations of state agencies, or directors and officers thereof, transferred and assigned to, devolved upon and assumed by the state energy office, such office shall be deemed and held to constitute the continuation of such agencies and not a different agency or authority. 4. Any business or other matter undertaken or commenced by any agency or the officers and directors thereof, pertaining to or connected with the functions, powers, obligations and duties hereby transferred and assigned, and pending on the effective date of this chapter, may be conducted and completed by the state energy office in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by such agencies, directors and officers thereof. 5. All rules, regulations, acts, determinations and decisions of all agencies and directors and officers thereof, pertaining to the functions transferred and assigned by this chapter to the state energy office in force at the time of such transfer, assignment, assumption or devolution shall continue in force and effect as rules, regulations, acts, determinations and decisions of the state energy office until duly modified or repealed. 6. Whenever any agencies or directors and officers thereof, the functions, powers obligations and duties of which are transferred by this chapter to the state energy office are referred to or designated in any law, contract or document pertaining to the functions, powers, obligations and duties hereby transferred and assigned, such reference or designation shall be deemed to refer to the state energy office. 7. No existing right or remedy of any character shall be lost, impaired or affected by reason of this chapter. 8. No action or proceeding pending at the time when this chapter shall take effect, brought by or against any agencies or directors and officers thereof, the functions, powers, obligations and duties of which are transferred by this chapter to the state energy office shall be affected by any provisions of this chapter, but the same may be prosecuted or defended in the name of the state energy office. In all such actions and proceedings, the state energy office, upon application to the court, shall be substituted as a party. 9. All appropriations or reappropriations heretofore made to any agency for the functions and purposes herein transferred to the state energy office by this chapter, segregated pursuant to law, or for employees transferred pursuant to this chapter, to the extent of remaining unexpended or unencumbered balances thereof, whether allocated or unallocated and whether obligated or unobligated, are hereby transferred to and made available for use and expenditure by the state energy office subject to the approval of the director of the budget for the same purposes for which originally appropriated or reappropriated and shall be payable on vouchers certified or approved by the commissioner on audit and warrant of the comptroller. Payments for liabilities for expenses of personal service, maintenance and operation heretofore incurred by such agencies, in connection with the functions herein transferred, shall also be made on vouchers or certificates approved by the commissioner on audit and warrant of the comptroller.