N.Y. Civ. Serv. Law § 140

§ 140. Maintenance and reporting of performance ratings. 1. All\ndepartmental agencies of the state government, whether known as\ndepartments, institutions, boards, commissions, or otherwise, shall keep\nand report, if requested by the civil service department, performance\nratings of employees, based on standards of performance established by\nsuch respective agencies and approved by the civil service department,\nfor the purpose of recording in terms of quality, quantity, and other\nfactors, the relative efficiency of employees engaged in the same or\nsimilar lines of work, under the rules prescribed by the state civil\nservice commission.\n 2. The state civil service department shall use such performance\nratings as a basis for determining the rendition of satisfactory service\nnecessary for advancement from one rate of compensation to another. Such\ndepartment, in its discretion, may use such performance ratings as a\nfactor in promotion examinations.\n 3. Notwithstanding the provisions of subdivisions one and two of this\nsection, during periods of time when there is in effect an agreement\nbetween the state and an employee organization reached pursuant to the\nprovisions of article fourteen of the civil service law or a performance\nevaluation plan administered pursuant to rules and regulations\npromulgated by the director of the budget, the provisions of such\nagreement and/or the provisions of such rules and regulations shall be\napplicable.\n