N.Y. Executive Law § 229: Retirement for cause

§ 229. Retirement for cause. a. The superintendent may recommend the

retirement for cause of any member of the New York state police who is

covered by the twenty year retirement plan set forth in section three

hundred eighty-one-b of the retirement and social security law, and who

has twenty-five or more years of creditable service under such plan. The

superintendent shall mail a written notice of such recommendation to the

member at his home address, which notice shall set forth the reasons for

the recommendation. At any time within thirty days after the mailing of

such recommendation, the member or any person authorized to act on his

behalf may serve a written demand for a review of the recommendation.

After the service of such demand the superintendent shall refer his

recommendation to the review panel established pursuant to this section,

the decision of which shall be subject to review only as provided in

article seventy-eight of the civil practice law and rules.

b. The said review panel shall consist of three persons who shall be

selected as follows. One person shall be selected by the superintendent.

One person shall be selected by the employee organization recognized or

certified to represent the member pursuant to the provisions of article

fourteen of the civil service law. The third person shall be selected by

the other two or, if they cannot agree, he shall be selected by the

public employment relations board. Each of the three persons so selected

shall be appointed by the superintendent and shall hold office until a

successor has been selected and appointed.

c. If the member does not serve a timely demand for a review of the

recommendation of the superintendent; or if the review panel shall adopt

the recommendation of the superintendent, the superintendent shall

certify the name of the member to the state comptroller for retirement

for cause.

d. As used in this section, the term retirement for cause shall mean a

retirement recommended by the superintendent after a finding by him that

a member is no longer capable of performing his duties satisfactorily.