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Code · New York · Civil Service · Saving Clause; Construction; Separability

§ 185. Saving clause; construction.

598 words·~3 min read·/ny/civil-service/saving-clause-construction-separability/185

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§ 185. Saving clause; construction. 1. Nothing contained in this act
shall affect or impair any act done or right accruing, accrued or
acquired prior to the time when this act shall take effect, under or by
virtue of the provisions of the civil service law as in force
immediately prior to the time this act shall take effect, but the same
may be asserted and enforced as fully and to the same extent as if this
act had not been enacted. This act shall not affect pending actions or
proceedings, but the same may be prosecuted or defended in the same
manner and with the same effect as though this act had not been enacted.
2. Any act of the legislature of the year nineteen hundred fifty-eight
which, in form, amends or repeals or purports to amend or repeal any
provision or provisions of the civil service law as in force and effect
immediately prior to the time this act shall take effect, shall be
legally effective notwithstanding the repeal of such provision or
provisions by this act and shall be construed as an amendment or repeal,
as the case may be, of the corresponding provision or provisions of this
act irrespective of whether such provision or provisions are contained
in this act in one or more than one article, section, subdivision or
other part thereof and such corresponding provision or provisions shall
be deemed and construed to be amended, modified, changed or repealed as
though the same had been expressly and in terms so amended or repealed.
3. An act of the legislature of the year nineteen hundred fifty-eight
which adds or purports to add a new article, section, subdivision or
other provision of law to the civil service law, as in force and effect
immediately prior to the time this act shall take effect, shall be
deemed and construed as having been added to such law, as amended by
this act, and shall be given full effect according to its context as if
the same had been added expressly and in terms of such law, as amended
by this act, and shall be deemed and construed to have been inserted in
such law, as amended by this act, in the appropriate respective position
in regard to and as modifying the effect of the corresponding provision
or provisions of such law, as amended by this act.
4. Reference in any act of the legislature of the year nineteen
hundred fifty-eight to an existing article, section, subdivision or
other provision of the civil service law, as in force immediately prior
to the time this act shall take effect, shall be deemed and construed to
refer to the corresponding article, section, subdivision or other
provision of such law, as renumbered, modified or amended by this act.
5. Reference in any general, special or local law, rule, regulation or
public document to any provision or provisions of the civil service law,
as in force immediately prior to the time this act shall take effect,
shall be deemed to be and construed as a reference to the corresponding
provision or provisions of such law, as renumbered, modified or amended
by this act, irrespective of whether such provision or provisions is or
are contained in one or more than one title, article, section,
subdivision or other part thereof.
6. The provisions added to the civil service law by this act insofar
as they are substantially the same as provisions of such law repealed by
this act shall be construed as a continuation of such repealed
provisions, and not as new enactments.
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