§ 76. Appeals from determinations in disciplinary proceedings. 1.
Appeals. Any officer or employee believing himself aggrieved by a
penalty or punishment of demotion in or dismissal from the service, or
suspension without pay, or a fine, or an official reprimand,
unaccompanied by a remittance of said officer or employee's prehearing
suspension without pay, imposed pursuant to the provisions of section
seventy-five of this chapter, may appeal from such determination either
by an application to the state or municipal commission having
jurisdiction, or by an application to the court in accordance with the
provisions of article seventy-eight of the civil practice law and rules.
If such person elects to appeal to such civil service commission, he
shall file such appeal in writing within twenty days after service of
written notice of the determination to be reviewed, such written notice
to be delivered personally or by registered mail to the last known
address of such person and when notice is given by registered mail, such
person shall be allowed an additional three days in which to file such
appeal.

2. Procedure on appeal. Where appeal is taken to the state or
municipal commission having jurisdiction, such commission shall review
the record of the disciplinary proceeding and the transcript of the
hearing, and shall determine such appeal on the basis of such record and
transcript and such oral or written argument as the commission may
determine. The commission may direct that such appeal shall be heard by
one or more members of the commission or by a person or persons
designated by the commission to hear such appeal on its behalf, who
shall report thereon with recommendations to the commission. Upon such
appeal the commission shall permit the employee to be represented by
counsel.

3. Determination on appeal. The determination appealed from may be
affirmed, reversed, or modified, and the state or municipal commission
having jurisdiction may, in its discretion, direct the reinstatement of
the appellant or permit the transfer of such appellant to a vacancy in a
similar position in another division or department, or direct that his
name be placed upon a preferred list pursuant to section eighty-one of
this chapter. In the event that a transfer is not effected, the
commission is empowered to direct the reinstatement of such officer or
employee. An employee reinstated pursuant to this subdivision shall
receive the salary or compensation he would have been entitled by law to
have received in his position for the period of removal including any
prior period of suspension without pay, less the amount of any
unemployment insurance benefits he may have received during such period.
The decision of such civil service commission shall be final and
conclusive, and not subject to further review in any court.

4. Nothing contained in section seventy-five or seventy-six of this
chapter shall be construed to repeal or modify any general, special or
local law or charter provision relating to the removal or suspension of
officers or employees in the competitive class of the civil service of
the state or any civil division. Such sections may be supplemented,
modified or replaced by agreements negotiated between the state and an
employee organization pursuant to article fourteen of this chapter.
Where such sections are so supplemented, modified or replaced, any
employee against whom charges have been preferred prior to the effective
date of such supplementation, modification or replacement shall continue
to be subject to the provisions of such sections as in effect on the
date such charges were preferred.