N.Y. Laws » CHAPTER Civil Service / ARTICLE Civil Service Administration / TITLE Organization and Functions of Municipal Civil Service Commissions
New York Consolidated Laws

N.Y. Civil Service Law § 22 (2026)

Certification for positions

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 22. Certification for positions. Before any new position in the
service of a civil division shall be created or any existing position in
such service shall be reclassified, the proposal therefor, including a
statement of the duties of the position, shall be referred to the
municipal commission having jurisdiction and such commission shall
furnish a certificate stating the appropriate civil service title for
the proposed position or the position to be reclassified. Any such new
position shall be created or any such existing position reclassified
only with the title approved and certified by the commission.
Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1985–2026 · leading case: Cnty. of Chautauqua v. Civil Serv. Employees Ass'n, Local 1000, 869 N.E.2d 1 (N.Y. 2007).
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Cnty. of Chautauqua v. Civil Serv. Employees Ass'n, Local 1000, 869 N.E.2d 1 (N.Y. 2007). “We held, however, that Civil Service Law § 22 expressly dictated a procedure for creating new positions.”
Lee v. Albany-Schoharie-Schenectady-Saratoga Bd. of Coop. Educ. Servs., 69 A.D.3d 1289 (N.Y. App. Div. 3d Dep't 2010). · cites it 2× “* Petitioner contends that her termination was arbitrary and capricious because respondents failed to comply with the certification requirements of Civil Service Law § 22 and certain other civil service requirements in reclassifying her position.”
Town of Brookhaven v. Civil Serv. Employees Ass'n, 141 A.D.2d 630 (N.Y. App. Div. 2d Dep't 1988). · cites it 2× “The court subsequently granted a stay of arbitration requested by the respondent, which maintained another method of review of the grievance was prescribed by Civil Service Law § 22. Under the provisions of the collective bargaining agreement that exists between CSEA and the…”
O'Donnell v. Kirby, 112 A.D.2d 936 (N.Y. App. Div. 2d Dep't 1985). “Apparently, petitioner argues that the position of administrator III which he received was created at the time of the adoption of the 1982 budget, and that said position was improperly created in violation of Civil Service Law §22, as well as the applicable Suffolk County Civil…”
Dailey v. Allerton, 216 A.D.2d 865 (N.Y. App. Div. 4th Dep't 1995). · cites it 3× “, commenced a CPLR article 78 proceeding to compel respondents to remove three individuals from their positions as Investigators in the City’s police department (incumbent Investigators), and to submit a proposed duty statement for that position for classification, approval and…”
In re the Arbitration between City of Norwich & City of Norwich Firefighters Ass'n, Local 1404, 43 A.D.3d 609 (N.Y. App. Div. 3d Dep't 2007). “In determining that a per diem firefighter is required to perform the same job duties as firefighters and fire assistants and should therefore be accorded the same wages and benefits, the arbitrator has, in effect, reclassified the position.”
Farrell v. Kampe, 281 A.D.2d 415 (N.Y. App. Div. 2d Dep't 2001). · cites it 2× “), dated February 22, 2000, which granted the petition. Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.”
Matter of Husamudeen v. DeBlasio, 180 A.D.3d 904 (N.Y. App. Div. 2d Dep't 2020). · cites it 2× “The petitioners allege that the assignment of COs to staff Horizon constitutes (1) out-of-title work assignments in violation of Civil Service Law § 61(2), (2) involuntary transfers in violation of Civil Service Law § 70(1), (3) reclassification of their work without…”
Town of New Castle v. L'Eplattenier, 236 A.D.2d 415 (N.Y. App. Div. 2d Dep't 1997). “CSEA did not answer the Town’s petition to stay arbitration. The court subsequently granted the Town’s petition and denied L’Eplattenier’s cross petition, inter alia, to compel arbitration.”
Chandler v. Vill. of Spring Valley, 104 A.D.3d 847 (N.Y. App. Div. 2d Dep't 2013). “lage received notification from the County of Rockland Department of Personnel, which is the municipal civil service commission having jurisdiction over the Village (see Civil Service Law §§ 2 [4]; 15 [1] [a]), that it had “no record of employment” for the three individual…”
Matter of Kenny v. Rockland Cnty. Supt. of Highways, 125 A.D.3d 860 (N.Y. App. Div. 2d Dep't 2015). · cites it 2× “After conducting a hearing, the Supreme Court granted the petition, annulled the determination, and reinstated the petitioner to the position of Engineer II (Field) with back pay and benefits.”
Reo v. Vill. of Lawrence, 105 A.D.3d 855 (N.Y. App. Div. 2d Dep't 2013). · cites it 2× “In 2009, because his position of laborer was now a new position, the Village was required to secure approval of that position from the Nassau County Civil Service Commission (hereinafter the Commission) pursuant to Civil Service Law § 22. In a letter dated December 6, 2010, the…”
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