NY Civ Serv L § 78 (2021)
2021 New York Laws CVS - Civil Service Article 5 - Personnel Changes Title B - Removal and Other Disciplinary Proceedings 78 - Transfer of Personnel Upon the Abolition of Positions in State Civil Service.

§ 78. Transfer  of  personnel upon the abolition of positions in state   civil service. 1. Where necessitated by reasons of economy,  efficiency,   consolidation  or  abolition  of functions, curtailment of activities or   otherwise, employees may be transferred,  without  further  examination,   from  one  agency  or  department of the state, or from the Roswell Park   Cancer Institute as defined  in  subparagraph  (i)  of  paragraph  d  of   section  one  of  chapter  forty-one  of  the  laws  of nineteen hundred   ninety-seven, as  amended,  to  positions  in  the  same  title  or  any   comparable title, as determined by the department, in another department   or  agency  of  the state. Where more than one employee in the title and   location from which transfer is to be made is eligible  and  willing  to   accept transfer, the department shall place the names of those employees   upon  a  transfer  list, and certify such list for filling vacancies, as   hereinafter provided, first,  in  the  same  position;  second,  in  any   position  in  a  lower  grade  in  line  of promotion; and third, in any   comparable position. Such transfer list may be certified for  filling  a   vacancy in any such position before certification is made from any other   eligible  list, placement roster, reemployment or preferred list, except   as provided in subdivision four of this section.2. Order of certification of names from transfer list. a. The names of   persons on a transfer list established to fill  vacancies  in  the  same   position  or  a  position in a lower grade in line of promotion shall be   certified therefrom in the order  of  their  original  appointments,  in   accordance  with  the provisions of subdivision three of section eighty,   subdivision three of section eighty-a and subdivision seven  of  section   eighty-five of this chapter.b.  The  names  of  persons  on  a  transfer  list established to fill   vacancies in a comparable position shall  be  certified  therefrom  with   equal ranking for appointment.3.  Probation.  a. Upon appointment to a position in the same title, a   probationer shall be required to complete his or her probationary term.b. Completion of a probationary term, to the extent  provided  for  in   the  rules  promulgated by the commission pursuant to subdivision two of   section  sixty-three  of  this  chapter,  shall  be  required  for   all   appointments to a position in a comparable title.4.  Relative  seniority.  Where a preferred list exists containing the   names of persons who have been suspended or demoted from a  position  in   the  same  title  to  which  an  appointment is to be made, the relative   seniority, determined in accordance with the provisions  of  subdivision   three  of  section  eighty,  subdivision  three  of section eighty-a and   subdivision seven of section eighty-five of this chapter, of the  person   certified first on such preferred list willing to accept appointment and   the  person  certified  first  on  the  transfer  list willing to accept   appointment shall be compared and the person with the greater  seniority   shall be certified first.5.  Termination  of  eligibility.  Eligibility  for appointment from a   transfer list shall terminate on the date of the suspension, demotion or   relocation. Notwithstanding any other provision  of  this  chapter,  any   employee  may voluntarily remove his or her name from a transfer list by   application to the department.6. Rulemaking authority. The president shall adopt rules for  carrying   into  effect  the  provisions  of  this section, including rules for the   relinquishment of eligibility.7.  The  department  shall  continue  to  establish  lists  under  the   provisions of this section.