N.Y. CVS Law § 73

§ 73. Separation for ordinary disability; reinstatement. When an\nemployee has been continuously absent from and unable to perform the\nduties of his position for one year or more by reason of a disability,\nother than a disability resulting from occupational injury or disease as\ndefined in the workmen's compensation law, his employment status may be\nterminated and his position may be filled by a permanent appointment.\nSuch employee may, within one year after the termination of such\ndisability, make application to the civil service department or\nmunicipal commission having jurisdiction over the position last held by\nsuch employee for a medical examination to be conducted by a medical\nofficer selected for that purpose by such department or commission. If,\nupon such medical examination, such medical officer shall certify that\nsuch person is physically and mentally fit to perform the duties of his\nformer position, he shall be reinstated to his former position, if\nvacant, or to a vacancy in a similar position or a position in a lower\ngrade in the same occupational field in his former department or agency.\nIf no appropriate vacancy shall exist to which such reinstatement may be\nmade, or if the work load does not warrant the filling of such vacancy,\nthe name of such person shall be placed on a preferred list for his\nformer position in his former department or agency, and he shall be\neligible for reinstatement in his former department or agency from such\npreferred list for a period of four years. In the event that such person\nis reinstated to a position in a grade lower than that of his former\nposition, his name shall be placed on the preferred eligible list for\nhis former position or any similar position in his former department or\nagency. This section shall not be deemed to modify or supersede any\nother provisions of law applicable to the re-employment of persons\nretired from the public service on account of disability.\n