New York Consolidated Laws

N.Y. Civil Service Law § 41 (2026)

Exempt class

✓ current as of May 2026

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§ 41. Exempt class. 1. The following offices and positions shall be in
the exempt class:
  (a) one secretary of each state department or division, temporary
state commission or other state officer authorized by law to appoint a
secretary;
  (b) the deputies of principal executive officers authorized by law to
act generally for and in place of their principals;
  (c) one secretary of each municipal board or commission authorized by
law to appoint a secretary;
  (d) one clerk and one deputy clerk if authorized by law, of each
court, and one clerk of each elective judicial officer, and also one
deputy clerk, if authorized by law, of any justice of the supreme court;
  (e) all other subordinate offices or positions for the filling of
which competitive or non-competitive examination may be found to be not
practicable. Not more than one appointment shall be made to or under the
title of any office or position placed in the exempt class pursuant to
the provisions of this paragraph, unless a different number is
specifically prescribed in the rules.
  2. No office or position shall be deemed to be in the exempt class
unless it is specifically named in such class in the rules. Upon the
occurrence of a vacancy in any position in the exempt class, the state
or municipal civil service commission having jurisdiction shall study
and evaluate such position and, within four months after the occurrence
of such vacancy, shall determine whether such position, as then
constituted, is properly classified in the exempt class.  Pending such
determination, said position shall not be filled, except on a temporary
basis.

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 1995–2023 · leading case: Kent v. Lefkowitz, 54 N.E.3d 1149 (NY 2016).

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Kent v. Lefkowitz, 54 N.E.3d 1149 (NY 2016). “Seasonal track employees are exempt from civil service classification under Civil Service Law § 41 and are appointed each year by the chair of the Racing Board to work during a specific season from opening date until closing date.”

Matter of Spence v. New York State Dept. of Civ. Serv., 2020 NY Slip Op 07438 (N.Y. App. Div. 2020). “A position for "which competitive or non-competitive examination may be found to be not practicable" shall be designated as exempt (Civil Service Law § 41 [1] [e]). "The criteria necessary .”

Kent v. Lefkowitz, 119 A.D.3d 1208 (N.Y. App. Div. 2014). “These seasonal employees are exempt from civil service classification pursuant to Civil Service Law § 41 and are appointed by the chair of respondent New York State Racing and Wagering Board (hereinafter the Board 1 ) to work during a specific track meet.”

Dworkin v. New York State Dep't of Env't Conservation, 229 A.D.2d 42 (N.Y. App. Div. 1997). “In December 1979, petitioner was promoted to the position of Assistant Counsel, an exempt position under Civil Service Law § 41. Petitioner was terminated from his Assistant Counsel position in February 1995.”

the Matter of Teamsters Local 445 v. Town of Monroe (NY 2023). · cites it 2× “The nature of the positions—mostly deputies and secretaries to political officers (see Civil Service Law § 41)—requires that the officer exercising the appointment and removal power possess largely “unrestricted authority and .”

Herman v. Vacco, 167 Misc. 2d 879 (N.Y. Sup. Ct. 1996). “Petitioner challenges his dismissal as unauthorized on the grounds that it violates the hold-over provisions of Public Officers Law § 5 and was improperly classified as "exempt” under Civil Service Law § 41 (1) (b). The Attorney-General cross-moves to dismiss on the grounds that…”

Inc. Vill. of Nissequogue v. State, 233 A.D.2d 445 (N.Y. App. Div. 1996). · cites it 2× “Civil Service Law § 41 (1) (b) provides: "The following offices and positions shall be in the exempt class: * * * (b) the deputies of principal executive officers authorized by law to act generally for and in place of their principals” (see also, Municipal Home Rule Law § 10 [4]…”

Matter of Teamsters Local 445 v. Town of Monroe, 2020 NY Slip Op 06535 (N.Y. App. Div. 2020). “Contrary to the Town's contention, there is no statutory, constitutional, or public policy prohibition against arbitrating this dispute regarding the termination of an employee in an "exempt class" under the Civil Service Law (Civil Service Law § 41; see Matter of State of N.”

Matter of Spence v. New York State Dept. of Civ. Serv., 2021 NY Slip Op 04994 (N.Y. App. Div. 2021). “A position may be classified as exempt when "competitive or non-competitive examination may be found to not be practicable" (Civil Service Law § 41 [1] [e]). "The criteria necessary to permit exempt classifications are the confidential nature of the position, the performance of…”

MatterofKentvLefkowitz (N.Y. App. Div. 2014). “These seasonal employees are exempt from civil service classification pursuant to Civil Service Law § 41 and are appointed by the chair of respondent New York State Racing and Wagering Board (hereinafter the Board)1 to work during a specific track meet.”

Perfetto v. Cemetery Bd., 166 Misc. 2d 211 (N.Y. Sup. Ct. 1995). “Upon the occurrence of a vacancy in any position in the exempt class, the state or municipal civil service commission having jurisdiction shall study and evaluate such position and, within four months after the occurrence of such vacancy, shall determine whether such position,…”

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