N.Y. CVS Law § 65 — New York Code / Act CVS / Article 4 / Title B / Section 65
Provisional appointments
Status: in_force

§ 65. Provisional appointments. 1. Provisional appointments\nauthorized.  Whenever there is no appropriate eligible list available\nfor filling a vacancy in the competitive class, the appointing officer\nmay nominate a person to the state civil service department or municipal\ncommission for non-competitive examination, and if such nominee shall be\ncertified by such department or municipal commission as qualified after\nsuch non-competitive examination, he may be appointed provisionally to\nfill such vacancy until a selection and appointment can be made after\ncompetitive examination. Such non-competitive examination may consist of\na review and evaluation of the training, experience and other\nqualifications of the nominee, without written, oral or other\nperformance tests.\n  2. Time limitation on provisional appointments. No provisional\nappointment shall continue for a period in excess of nine months. The\ncivil service department shall for competitive positions within its\njurisdiction, and a municipal civil service commission shall for\ncompetitive positions within its jurisdiction, order a civil service\nexamination for any position held by provisional appointment for a\nperiod of one month and such department or commission shall conduct a\ncivil service examination, or see that such an examination is conducted,\nas soon as practicable thereafter, in order to prevent the provisional\nappointment from continuing for a period in excess of nine months.\n  3. Termination of provisional appointments. A provisional appointment\nto any position shall be terminated within two months following the\nestablishment of an appropriate eligible list for filling vacancies in\nsuch positions; provided, however, that where there are a large number\nof provisional appointees in any department or agency in the service of\nthe state or any civil division thereof to be replaced by permanent\nappointees from a newly established eligible list, and the appointing\nofficer or body deems that the termination of the employment of all such\nprovisional appointees within two months following establishment of such\nlist would disrupt or impair essential public services, evidence thereof\nmay be presented to the civil service department or municipal commission\nhaving jurisdiction which, after due inquiry, and upon finding that it\nis in the best interest of the public service, may waive the provisions\nof this subdivision requiring the termination of the employment of\nprovisional appointees within two months following the establishment of\nan appropriate eligible list and authorize the termination of the\nemployment of various numbers of such provisional appointees at stated\nintervals prescribed by such commission; provided, however, that in no\ncase shall the employment of any such provisional appointee be continued\nlonger than four months following the establishment of such eligible\nlist.\n  4. Successive provisional appointments. Successive provisional\nappointments shall not be made to the same position after the expiration\nof the authorized period of the original provisional appointment to such\nposition; provided, however, that where an examination for a position or\ngroup of positions fails to produce a list adequate to fill all\npositions then held on a provisional basis, or where such list is\nexhausted immediately following its establishment, a new provisional\nappointment may be made to any such position remaining unfilled by\npermanent appointment, and such new provisional appointment may, in the\ndiscretion of the appointing authority, be given to a current or former\nprovisional appointee in such position, except that a current or former\nprovisional appointee who becomes eligible for permanent appointment to\nany such position shall, if he is then to be continued in or appointed\nto any such position be afforded permanent appointment to such position.\n