N.Y. Transportation Law § 241: Transfer of employees

§ 241. Transfer of employees. Upon the transfer of functions to the

department pursuant to this article, provision should be made for the

transfer to the department of such employees of the public service

commission and the department of public service who are engaged in

carrying out such functions as the chairman of the public service

commission may deem necessary for the exercise of the functions herein

transferred to the department. Employees so transferred shall be

transferred without further examination or qualification and shall

retain their respective civil service classifications and status. For

the purpose of determining the employees holding permanent appointments

in competitive class positions to be transferred, such employees shall

be selected within each class of positions in the order of their

original appointment, with due regard to the right of preference in

retention of disabled and non-disabled veterans. Any such employee who,

at the time of such transfer, has a temporary or provisional appointment

shall be transferred subject to the same right of removal, examination

or termination as though such transfer had not been made. Employees

holding permanent appointments in competitive class positions who are

not transferred pursuant to this section shall have their names entered

upon an appropriate preferred list for reinstatement pursuant to the

civil service law.