2010 New York Code
EXC - Executive
Article 11 - (210 - 230) 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.