N.Y. EXC Law § 211

§ 211. Employees. The superintendent may appoint such employees as may\nbe necessary and fix their compensation within such sum as may be\nappropriated by law. Persons appointed to competitive positions within\nthe division who meet the definition of veteran or disabled veteran as\ndefined in section eighty-five of the civil service law shall be\nentitled to additional credit and preference as conferred by that law\nand in the same manner, except that, notwithstanding any law to the\ncontrary, with respect to any candidate applying for credit in a\ncompetitive examination for original appointment as a disabled or\nnon-disabled veteran, such candidate may apply provisionally for such\ncredit while still an active member of the armed forces. The application\nfor provisional credit may be made at any time between the date of his\nor her application for the competitive examination and the date the\neligible list is established. In cases where there has been a\nprovisional application, the superintendent shall grant final credit\nonly if the candidate renews his or her application within ninety days\nfollowing termination of the candidate's military duty, and the\ncandidate's period of eligibility on the list has not expired, and the\ncandidate satisfies the appropriate statutory requirements for\neligibility. Pending the granting of final credit, the candidate's\nranking on any eligible list shall reflect the provisional credit.\n