N.Y. Laws » CHAPTER Civil Service / ARTICLE Jurisdictional Classification / TITLE Unclassified Service
New York Consolidated Laws

N.Y. Civil Service Law § 35 (2026)

Unclassified service

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 35. Unclassified service. The civil service of the state and each of
its civil divisions shall be divided into the classified and
unclassified service. The unclassified service shall comprise the
following:
  (a) all elective offices;
  (b) all offices filled by election or appointment by the legislature
on joint ballot;
  (c) all officers and employees of the state legislature, and all
officers and employees of any other legislative body whose principal
functions and duties are directly related to the performance of the
legislative functions of such body;
  (d) all offices filled by appointment by the governor, either upon or
without confirmation by the senate, except officers and employees in the
executive department who are not heads of divisions therein;
  (e) the head or heads of any department of the government who are
vested with authority, direction and control over a department, and who
have power and authority to appoint and remove officers and employees
therein;
  (f) all members, officers and employees of boards of elections;
  (g) all persons employed by any title whatsoever as members of the
teaching and supervisory staff of a school district, board of
cooperative educational services or county vocational education and
extension board, as certified to the state commission by the
commissioner of education. The commissioner of education shall prescribe
qualifications for appointment for all classes of positions so certified
by him, and shall establish specifications setting forth the
qualifications for and the nature and scope of the duties and
responsibility of such positions. The commissioner of education shall
file such qualifications for appointment and such specifications with
the civil service commission;
  (h) all positions in the state university in the professional service
as defined in subdivision three of section three hundred fifty-five-a of
the education law, which positions shall be determined by the chancellor
of the state university and certified by him to the civil service
commission; provided, however, that any state university position in the
classified service which the chancellor seeks to designate as
unclassified must be approved by the civil service commission before
such change in designation;
  (i) all positions in community colleges in the professional service as
defined in subdivision two of section six thousand three hundred six of
the education law, which shall include all positions on the
instructional staffs of the fashion institute of technology, the New
York city community college of applied arts and sciences, and of the
community colleges sponsored by the board of higher education in the
city of New York as respectively defined in sections two thousand five
hundred eighty-seven, six thousand two hundred six-a, and six thousand
two hundred six-b of the education law. Such positions in community
colleges other than the fashion institute of technology, the New York
city community college of applied arts and sciences, and community
colleges sponsored by the board of higher education of the city of New
York shall be determined by the board of trustees of such colleges with
the approval of the chancellor of state university, and certified by
each such board to the commission or officer which administers the civil
service law for the local sponsor of the community college administered
by such board. Each such board of trustees shall prescribe
qualifications for appointment for all classes of positions so certified
by it, and shall establish specifications setting forth the
qualifications for and the nature and scope of the duties and
responsibilities of such positions. Each such board of trustees shall
file such qualifications for appointment and such specifications with
the civil service commission and with the commission or officer to which
the certification is made;
  (j) all persons, other than persons covered under paragraph (g) or
paragraph (h) or paragraph (i) of this section, whose principal
functions are teaching or the supervision of teaching in a public
school, academy or college.
  (k) all positions in the professional service in the New York State
School for the Blind and the New York State School for the Deaf,
requiring the performance of educational functions, which positions
shall be determined by the commissioner of education and certified by
him to the civil service commission.
Notes of Decisions
Cited in 16 cases, 1971–2008 · leading case: Civil Serv. Employees Ass'n v. State Univ., 280 A.D.2d 832 (N.Y. App. Div. 3d Dep't 2001).
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Civil Serv. Employees Ass'n v. State Univ., 280 A.D.2d 832 (N.Y. App. Div. 3d Dep't 2001). · cites it 4× “Shortly thereafter, petitioner’s representative wrote to SUNY objecting to the categorization of the “warehouse staff assistant” position as an unclassified service position (see, Civil Service Law § 35) arguing that the position was actually that of a “principal stores clerk,”…”
Dougall v. Sugarman, 339 F. Supp. 906 (S.D.N.Y. 1971). · cites it 2× “, N.Y. Civil Service Law §§ 35 , 41, 42 and 43 (McKinney 1959).”
Catterson v. Caso, 472 F. Supp. 833 (E.D.N.Y. 1979). “Plaintiff argues that defendants violated N.Y. Civil Service Law § 107 9 when they fired him for political reasons.”
People v. Ohrenstein, 139 Misc. 2d 909 (N.Y. Sup. Ct. 1988). · cites it 2× “functions and duties are directly related to the performance of the legislative functions of such body” (Civil Service Law § 35 [c]). Thus, *940 the Legislature left it to the courts and, where appropriate, administrative agencies to determine whether a particular county or…”
DiMiero v. Livingston-Steuben-Wyoming Cnty. Bd. of Coop. Educ. Servs., 199 A.D.2d 875 (N.Y. App. Div. 3d Dep't 1993). “Plaintiffs in their original complaint allege that they are entitled to NYSTRS membership upon their belief that they are members of the "teaching and supervisory staff” of their school district as defined in Civil Service Law § 35 (g), "teachers or instructors” as defined in…”
Civil Serv. Employees Ass'n v. State Univ., 286 A.D.2d 850 (N.Y. App. Div. 3d Dep't 2001). “The position had been previously certified by SUNYs Chancellor as being in the unclassified professional service (see, Education Law § 355-a; Civil Service Law § 35 [h]). Petitioner commenced this combined proceeding and action contending, inter alia, that the duties of the…”
Ragone v. Bd. of Educ., 194 A.D.2d 731 (N.Y. App. Div. 2d Dep't 1993). “The petitioner was not entitled to a pretermination hearing pursuant to Civil Service Law § 75 since she held an unclassified and at-will position (see, Matter of Tyson v Hess, 66 NY2d 943 ; Matter of Ause v Regan, 59 AD2d 317 ; Civil Service Law § 35 [g]).”
Wheeler v. Parker, 546 F. Supp. 2d 7 (N.D.N.Y. 2008). · cites it 2× “Civil Service Law § 35 provides that “[t]he civil service of the state and each of its civil divisions shall be divided into the classified and unclassified service.”
Ficken v. Vocational Educ. & Extension Bd. of Suffolk, 201 A.D.2d 481 (N.Y. App. Div. 2d Dep't 1994). “Thus, that classification is invalid, and, as all positions not defined as "unclassified” must be "classified” (see, Civil Service Law § 40), the petitioner’s position is in a "classified” service.”
Meehan v. Nassau Cmty. Coll., 152 A.D.2d 313 (N.Y. App. Div. 2d Dep't 1989). “Ill The principles which underlie our determination are derived from numerous authorities which recognize an inherent, nondelegable power in public authorities to oversee and establish academic standards.”
Le Brun v. Maguire, 12 A.D.3d 1007 (N.Y. App. Div. 3d Dep't 2004). “” The “classified service” is a subset of the state’s civil service (see Civil Service Law §§ 35, 40), and petitioner concedes that, by virtue of his membership in the military service, he is not a member of the state’s civil service (see Military Law § 19 [3]; Civil Service Law…”
Noel v. Bd. of Elections, 203 A.D.2d 576 (N.Y. App. Div. 2d Dep't 1994). · cites it 2× “She also alleged that the statute by which she was categorized as an "unclassi *577 fied” employee (see, Civil Service Law § 35 [f]) is unconstitutional.”
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