N.Y. TRA Law § 241

§ 241. Transfer of employees. Upon the transfer of functions to the\ndepartment pursuant to this article, provision should be made for the\ntransfer to the department of such employees of the public service\ncommission and the department of public service who are engaged in\ncarrying out such functions as the chairman of the public service\ncommission may deem necessary for the exercise of the functions herein\ntransferred to the department. Employees so transferred shall be\ntransferred without further examination or qualification and shall\nretain their respective civil service classifications and status. For\nthe purpose of determining the employees holding permanent appointments\nin competitive class positions to be transferred, such employees shall\nbe selected within each class of positions in the order of their\noriginal appointment, with due regard to the right of preference in\nretention of disabled and non-disabled veterans. Any such employee who,\nat the time of such transfer, has a temporary or provisional appointment\nshall be transferred subject to the same right of removal, examination\nor termination as though such transfer had not been made. Employees\nholding permanent appointments in competitive class positions who are\nnot transferred pursuant to this section shall have their names entered\nupon an appropriate preferred list for reinstatement pursuant to the\ncivil service law.\n