N.Y. TRA Law § 262

§ 262. Transfer of employees. Upon the transfer of functions to the\ndepartment of transportation pursuant to this chapter, provision shall\nbe made for the transfer to the department of transportation of such\nemployees of the department of public works who are engaged in carrying\nout such functions as the commissioner of transportation may deem\nnecessary for the exercise of the functions of the transportation\ndepartment. Employees so transferred shall be transferred without\nfurther examination or qualification and shall retain their respective\ncivil service classifications and status. For the purpose of determining\nthe employees holding permanent appointment in competitive class\npositions to be transferred, such employees shall be selected within\neach class of positions in the order of their original appointment, with\ndue regard to the right of preference in retention of disabled and\nnondisabled veterans. Any such employee who, at the time of such\ntransfer, has a temporary or provisional appointment shall be\ntransferred subject to the same right of removal, examination or\ntermination as though such transfer had not been made. Employees holding\npermanent appointments in competitive class positions who are not\ntransferred pursuant to this section shall have their names entered upon\nan appropriate preferred list for reinstatement pursuant to the civil\nservice law.\n