§ 211. Employees. The superintendent may appoint such employees as may
be necessary and fix their compensation within such sum as may be
appropriated by law. Persons appointed to competitive positions within
the division who meet the definition of veteran or disabled veteran as
defined in section eighty-five of the civil service law shall be
entitled to additional credit and preference as conferred by that law
and in the same manner, except that, notwithstanding any law to the
contrary, with respect to any candidate applying for credit in a
competitive examination for original appointment as a disabled or
non-disabled veteran, such candidate may apply provisionally for such
credit while still an active member of the armed forces. The application
for provisional credit may be made at any time between the date of his
or her application for the competitive examination and the date the
eligible list is established. In cases where there has been a
provisional application, the superintendent shall grant final credit
only if the candidate renews his or her application within ninety days
following termination of the candidate's military duty, and the
candidate's period of eligibility on the list has not expired, and the
candidate satisfies the appropriate statutory requirements for
eligibility. Pending the granting of final credit, the candidate's
ranking on any eligible list shall reflect the provisional credit.