New York Laws
Article 11 - Division of State Police
229 - Retirement for Cause.

§ 229. Retirement for cause. a. The superintendent may recommend the
retirement for cause of any member of the New York state police who is
covered by the twenty year retirement plan set forth in section three
hundred eighty-one-b of the retirement and social security law, and who
has twenty-five or more years of creditable service under such plan. The
superintendent shall mail a written notice of such recommendation to the
member at his home address, which notice shall set forth the reasons for
the recommendation. At any time within thirty days after the mailing of
such recommendation, the member or any person authorized to act on his
behalf may serve a written demand for a review of the recommendation.
After the service of such demand the superintendent shall refer his
recommendation to the review panel established pursuant to this section,
the decision of which shall be subject to review only as provided in
article seventy-eight of the civil practice law and rules.

b. The said review panel shall consist of three persons who shall be
selected as follows. One person shall be selected by the superintendent.
One person shall be selected by the employee organization recognized or
certified to represent the member pursuant to the provisions of article
fourteen of the civil service law. The third person shall be selected by
the other two or, if they cannot agree, he shall be selected by the
public employment relations board. Each of the three persons so selected
shall be appointed by the superintendent and shall hold office until a
successor has been selected and appointed.

c. If the member does not serve a timely demand for a review of the
recommendation of the superintendent; or if the review panel shall adopt
the recommendation of the superintendent, the superintendent shall
certify the name of the member to the state comptroller for retirement
for cause.

d. As used in this section, the term retirement for cause shall mean a
retirement recommended by the superintendent after a finding by him that
a member is no longer capable of performing his duties satisfactorily.

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