N.Y. Comp. Codes R. & Regs. Tit. 4 § 5.3 - Resignation
(a) Resignation in
writing. Except as otherwise provided herein, every resignation shall be in
writing.
(b) Effective date. If no
effective date is specified in a resignation, it shall take effect upon
delivery to or filing in the office of the appointing authority. If an
effective date is specified in a resignation, it shall take effect on such
specified date. However, if a resignation is submitted while the employee is on
leave of absence without pay, such resignation, for the purpose of determining
eligibility for reinstatement, shall be deemed to be effective as of the date
of the commencement of such absence. Notwithstanding the provisions of this
subdivision, when charges of incompetency or misconduct have been or are about
to be filed against an employee, the appointing authority may elect to
disregard a resignation filed by such employee and to prosecute such charges
and, in the event that such employee is found guilty of such charges and
dismissed from the service, his termination shall be recorded as a dismissal
rather than as a resignation.
(c)
Withdrawal or amendment. A resignation may not be withdrawn, cancelled or
amended after it is delivered to the appointing authority, without the consent
of the appointing authority.
Notes
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