N.Y. Transp. Law § 269

§ 269. Pending actions and proceedings. No action or proceeding\npending at the time when this chapter shall take effect, brought by or\nagainst the superintendent of public works or the department of public\nworks shall be affected by any provision of this chapter, but the same\nmay be prosecuted or defended in the name of the commissioner or\ndepartment of transportation. In all such actions and proceedings, the\ndepartment of transportation, upon application to the court, shall be\nsubstituted as a party.\n