N.Y. Transportation Law § 262: Transfer of employees

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

department of transportation pursuant to this chapter, provision shall

be made for the transfer to the department of transportation of such

employees of the department of public works who are engaged in carrying

out such functions as the commissioner of transportation may deem

necessary for the exercise of the functions of the transportation

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 appointment 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

nondisabled 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.