N.Y. EXC Law § 210

§ 210. Division of state police. The division of state police in the\nexecutive department shall be known as the "New York State Police." The\nhead of the New York state police shall be the superintendent of state\npolice who shall be appointed by the governor by and with the advice and\nconsent of the senate, and hold office during his or her pleasure. The\nsuperintendent shall be a member of the state police, shall receive as\nsalary such sum as may be appropriated by law, and shall accrue such\nleave credits and be eligible for the same retirement benefits, service\ncredits and other benefits as any other member of the state police. If,\nprior to appointment, the superintendent served as a member of the state\npolice, he or she, upon appointment, shall be entitled to continue to\naccrue and receive such credits and benefits as he or she would have\nbeen entitled to accrue and receive prior to appointment.\n If, prior to his or her appointment, the superintendent shall have\nserved as a member of the State Police for a period of ten years or\nmore, he or she shall, provided he or she is not eligible for\nretirement, upon termination of service as superintendent, be\nreappointed, without examination, as a member of the state police in the\ngrade held by him or her prior to appointment as superintendent,\nnotwithstanding the absence of any vacancy in such grade. For the\npurpose of determining the annual salary to be paid upon such\nreappointment, the period of service as superintendent shall be counted\nas service in the grade to which reappointed.\n