N.Y. Laws » CHAPTER Civil Service / ARTICLE Recruitment of Personnel / TITLE Examinations and Eligible Lists
New York Consolidated Laws

N.Y. Civil Service Law § 51 (2026)

Filling vacancies by open competitive examination

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 51. Filling vacancies by open competitive examination. 1.  Upon the
written request of the appointing officer stating his reasons therefor,
or on its own initiative, the state civil service department or
appropriate municipal commission may determine to conduct an open
competitive examination for filling a vacancy or vacancies instead of a
promotion examination.
  2. Except where the state civil service department or appropriate
municipal commission finds that there are less than three persons
eligible for promotion in the promotion unit where the vacancy exists,
or in the department, if such vacancy is not in a separate promotion
unit, and except where the department or municipal commission determines
to conduct an open competitive and a promotion examination
simultaneously, a notice of intention to conduct such open competitive
examination or a copy of the appointing officer's request for open
competitive examination, as the case may be, shall be publicly and
conspicuously posted in the offices of both the appointing officer and
the state civil service department or appropriate municipal commission
and such request shall not be acted upon until said notice has been
posted as aforesaid for a period of not less than fifteen days.
  3. Any employee who believes that a promotion examination should be
held for filling such vacancy may submit to the state civil service
department or appropriate municipal commission his request, in writing,
for a promotion examination rather than an open competitive examination,
stating the reasons why he believes it to be practicable and in the
public interest to fill the vacancy by promotion examination.
Notes of Decisions
Cited in 7 cases, 1973–2020 · leading case: Bethel v. McGrath-McKechnie, 731 N.E.2d 604 (N.Y. 2000).
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Bethel v. McGrath-McKechnie, 731 N.E.2d 604 (N.Y. 2000). · cites it 2× “Specifically, Civil Service Law § 51 (1) states that “the state civil service department or appropriate municipal commission may determine to conduct an open competitive examination for filling a vacancy or vacancies instead of a promotion examination.”
Koscherak v. Schmeller, 363 F. Supp. 932 (S.D.N.Y. 1973). “Examinations for promotion are labeled “open”, N.Y. Civil Service Law § 51 , those for appointment “competitive”, N.”
New York City Transit Auth. v. Transp. Workers Union of Am.. Local 100, 88 A.D.3d 889 (N.Y. App. Div. 2d Dep't 2011). “Contrary to the petitioners’ contention, no statute or public policy prohibits, in an absolute sense, the petitioners from agreeing that each petitioner would hire employees under a covered title at a specified ratio, including the provisions of the Civil Service Law governing…”
Engoren v. Cnty. of Nassau, 163 A.D.2d 520 (N.Y. App. Div. 2d Dep't 1990). “Nor is there any evidence in the record that an open-competitive examination was conducted in lieu of or simultaneously with a promotional examination, pursuant to Civil Service Law § 51 (see, e.g., Matter of Hewlett v Evans, 82 AD2d 920 ; see also, Matter of Carbonaro v Bahou,…”
Matter of Husamudeen v. DeBlasio, 180 A.D.3d 904 (N.Y. App. Div. 2d Dep't 2020). “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 certification in violation…”
Thrasher v. Genesee Cnty. Civil Serv. Comm'n, 156 A.D.2d 966 (N.Y. App. Div. 4th Dep't 1989). “By law, she could not be a permanent employee because she had not been appointed as the result of a competitive examination (see, Civil Service Law §§ 51, 52, 61; Matter of Hilsenrad v Miller, 284 NY 445, 451 ).”
Matter of Endicott Police Benevolent Assn., Inc. v. Bertoni, 2018 NY Slip Op 7222 (N.Y. App. Div. 3d Dep't 2018). “Civil Service Law § 51 (1), in turn, accords discretion to the hiring officer and, as relevant here, the municipal civil service commission to determine whether to fill a vacancy through an open competitive examination or a promotional examination without the necessity of…”
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