N.Y. Civil Service Law § 86: Transfer of veterans or exempt volunteer firefighters upon abolition of positions

§ 86. Transfer of veterans or exempt volunteer firefighters upon

abolition of positions. If the position in the non-competitive or in the

labor class held by any honorably discharged veteran of the armed forces

of the United States or by any veteran of the armed forces of the United

States released under honorable circumstances from such service

including (i) having a qualifying condition as defined in section one of

the veterans' services law, and receiving a discharge other than bad

conduct or dishonorable from such service, or (ii) being a discharged

LGBT veteran, as defined in section one of the veterans' services law,

and receiving a discharge other than bad conduct or dishonorable from

such service, who served therein in time of war as defined in section

eighty-five of this chapter, or by an exempt volunteer firefighter as

defined in the general municipal law, shall become unnecessary or be

abolished for reasons of economy or otherwise, the honorably discharged

veteran or exempt volunteer firefighter holding such position shall not

be discharged from the public service but shall be transferred to a

similar position wherein a vacancy exists, and shall receive the same

compensation therein. It is hereby made the duty of all persons clothed

with the power of appointment to make such transfer effective. The right

to transfer herein conferred shall continue for a period of one year

following the date of abolition of the position, and may be exercised

only where a vacancy exists in an appropriate position to which transfer

may be made at the time of demand for transfer. Where the positions of

more than one such veteran or exempt volunteer firefighter are abolished

and a lesser number of vacancies in similar positions exist to which

transfer may be made, the veterans or exempt volunteer firefighters

whose positions are abolished shall be entitled to transfer to such

vacancies in the order of their original appointment in the service.

Nothing in this section shall be construed to apply to the position of

private secretary, cashier or deputy of any official or department. This

section shall have no application to persons encompassed by section

eighty-a of this chapter.