N.Y. Executive Law § 211: Employees

§ 211. Employees. The superintendent may appoint such employees as may

be necessary and fix their compensation within such sum as may be

appropriated by law. Persons appointed to competitive positions within

the division who meet the definition of veteran or disabled veteran as

defined in section eighty-five of the civil service law shall be

entitled to additional credit and preference as conferred by that law

and in the same manner, except that, notwithstanding any law to the

contrary, with respect to any candidate applying for credit in a

competitive examination for original appointment as a disabled or

non-disabled veteran, such candidate may apply provisionally for such

credit while still an active member of the armed forces. The application

for provisional credit may be made at any time between the date of his

or her application for the competitive examination and the date the

eligible list is established. In cases where there has been a

provisional application, the superintendent shall grant final credit

only if the candidate renews his or her application within ninety days

following termination of the candidate's military duty, and the

candidate's period of eligibility on the list has not expired, and the

candidate satisfies the appropriate statutory requirements for

eligibility. Pending the granting of final credit, the candidate's

ranking on any eligible list shall reflect the provisional credit.