NY Civ Serv L § 56 (2021)
2021 New York Laws CVS - Civil Service Article 4 - Recruitment of Personnel Title A - Examinations and Eligible Lists 56 - Establishment and Duration of Eligible Lists.

§ 56. Establishment and duration of eligible lists. 1. The duration of   an  eligible list shall be fixed at not less than one nor more than four   years; provided that, except for lists promulgated  for  police  officer   positions in jurisdictions other than the city of New York, in the event   that  a  restriction  against  the  filling  of  vacancies exists in any   jurisdiction, the state civil service department or municipal commission   having jurisdiction shall,  in  the  discretion  of  the  department  or   commission,  extend the duration of any eligible list for a period equal   to the length of such restriction  against  the  filling  of  vacancies.   Restriction  against  the  filling  of  vacancies shall mean any policy,   whether by executive order or otherwise, which, because of  a  financial   emergency,  prevents  or  limits the filling of vacancies in a title for   which a list has been promulgated. An eligible list  that  has  been  in   existence for one year or more shall terminate upon the establishment of   an  appropriate new list, unless otherwise prescribed by the state civil   service department or municipal commission having jurisdiction.2. Notwithstanding subdivision one of this section,  the  duration  of   eligible  lists established on or before December thirty-first, nineteen   hundred ninety-six, shall be fixed at not less than one  nor  more  than   four  years;  provided  that,  except  for  lists promulgated for police   officer positions in jurisdictions other than the city of New  York,  in   the  event that a restriction against the filling of vacancies exists in   any jurisdiction,  the  state  civil  service  department  or  municipal   commission   having   jurisdiction  shall,  in  the  discretion  of  the   department or commission, extend the duration of any such eligible  list   for a period equal to the length of such restriction against the filling   of  vacancies.  Restriction  against the filling of vacancies shall mean   any policy, whether by executive order or otherwise, which  prevents  or   limits  the  filling  of  vacancies in a title for which such a list has   been promulgated. An eligible list that has been in  existence  for  one   year  or  more  shall terminate upon the establishment of an appropriate   new list,  unless  otherwise  prescribed  by  the  state  civil  service   department or municipal commission having jurisdiction.3.  Notwithstanding any law to the contrary, the name of any applicant   or eligible whose disqualification has been reversed or whose rank order   on an eligible list has been adjusted through administrative or judicial   action or proceeding shall be placed on an eligible list for a period of   time equal to the period of  disqualification  or  for  the  period  the   application  has  been  improperly ranked, up to a maximum period of one   year or until the expiration  of  the  eligibility  list,  whichever  is   longer.  If  an  eligible  list  expires prior to the expiration of such   period of restoration, the name of the applicant or  eligible  shall  be   placed  on a special eligible list, which shall have a duration equal to   the longer of (a) the remainder of the period of restoration or (b)  two   years. An applicant or eligible whose disqualification has been reversed   or whose rank order has been adjusted subsequent to the expiration of an   eligible list shall be placed on a special eligible list for a length of   time equal to the restored period of time not to exceed a maximum of one   year.4.  Notwithstanding  the foregoing provisions of this section, where a   court of competent jurisdiction has determined that an eligible list  is   invalid,  the  court  may  order the creation of a special eligible list   having a duration of  not  less  than  one  nor  more  than  four  years   commencing at the time the corrected list is published.