A civil or criminal action or special proceeding in a court of record is not discontinued by a vacancy or change in the judges of the court or by the re-election or re-appointment of a judge, but it must be continued, heard and determined by the court as constituted at the time of the hearing or determination. After a judge is out of office, he may settle a transcript or statement for a record on appeal or make any return of proceedings had before him while he was in office, and may be compelled so to do by the court in which the action or special proceeding is pending.
N.Y. Jud. Law § 7-A