N.Y. Laws » CHAPTER Civil Service / ARTICLE Recruitment of Personnel / TITLE Appointment and Promotion
New York Consolidated Laws

N.Y. Civil Service Law § 63 (2026)

Probationary term

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 63. Probationary term. 1. Every original appointment to a position
in the competitive class and every interdepartmental promotion from a
position in one department or agency to a position in another department
or agency shall be for a probationary term; provided, however, that upon
interdepartmental promotion the appointing officer may waive the
requirement of satisfactory completion of the probationary term. The
state civil service commission and municipal civil service commissions
may provide, by rule, for probationary service upon intradepartmental
promotion to positions in the competitive class and upon appointment to
positions in the exempt, non-competitive or labor classes.
  When probationary service is required upon promotion, the position
formerly held by the person promoted shall be held open and shall not be
filled, except on a temporary basis, pending completion of his
probationary term.
  Notwithstanding the foregoing or any other law or rule to the
contrary, when a permanent appointment or promotion to a position in the
competitive class is conditioned upon the completion of a term of
training service or of a period of service in a designated trainee
title, such service and the probationary term for such competitive
position shall run concurrently.
  Notwithstanding the foregoing or any law or rule to the contrary, any
person appointed provisionally in accordance with section sixty-five of
this title who receives a permanent appointment to the same title
immediately following the provisional appointment shall have all time
spent as a provisional appointment credited to any probationary term
that is required upon permanent appointment to a position.
  2. The state civil service commission and municipal civil service
commissions shall, subject to the provisions of this section, provide by
rule for the conditions and extent of probationary service.
Notes of Decisions
Cited in 28 cases (1 in the last 5 years), 1978–2025 · leading case: Montero v. Lum, 501 N.E.2d 5 (N.Y. 1986).
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Montero v. Lum, 501 N.E.2d 5 (N.Y. 1986). · cites it 3× “ng that the two-month and five-day delay in scheduling petitioner’s tests was attribut *257 able solely to the employing agency, the court concluded that the agency should not be permitted to defer the effective date of petitioner’s permanent appointment until he had passed the…”
Bethel v. McGrath-McKechnie, 731 N.E.2d 604 (N.Y. 2000). · cites it 3× “The court further concluded that leave from her former permanent position as Contract Specialist was properly canceled and that petitioner was not entitled to automatic reinstatement pursuant to Civil Service Law § 63 (1) and City Personnel Rule (55 RCNY Appendix A) 5.”
Wood v. Irving, 647 N.E.2d 1332 (N.Y. 1995). “Thus, initial appointments to positions in the competitive class are not permanent, but probationary (Civil Service Law § 63 [1]). Moreover, State and municipal civil service commissions *251 can and do provide by rule that appointments to positions in the exempt, noncompetitive…”
Engoren v. Cnty. of Nassau, 163 A.D.2d 520 (N.Y. App. Div. 2d Dep't 1990). · cites it 7× “Civil Service Law § 63 (1), provides that "[w]hen probationary service is required upon promotion [including an interdepartmental promotion], the position formerly held by the person promoted shall be held open for him and shall not be filled, except on a temporary basis,…”
Sorlucco v. New York City Police Dep't, 780 F. Supp. 202 (S.D.N.Y. 1992). “Defendant insists he is not but rather that the City’s Personnel Director is, citing New York State’s Civil Service Law, which directs municipal civil service commissions to “provide by rule for the conditions and extent of probationary service,” N.Y. Civil Service Law § 63 ,…”
Vaillancourt v. New York State Liquor Auth., 153 A.D.2d 531 (N.Y. App. Div. 1st Dep't 1989). · cites it 2× “La Sota, therefore, concerns the distinction between provisional and permanent status and not the distinction, at issue in this proceeding, between probationary and nonprobationary status in a permanent position. The La Sota court had not yet reached the question, raised by the…”
Mtr. of Kitchings v. Jenkins, 651 N.E.2d 904 (N.Y. 1995). · cites it 2× “*700 Moreover, we are unpersuaded by petitioners’ contention that because respondents at Level II were required to serve a probationary period, their reassignment was a promotion under Civil Service Law § 63. That section requires an initial probationary period for every…”
Colao v. Vill. of Ellenville, 223 A.D.2d 792 (N.Y. App. Div. 3d Dep't 1996). “Generally, within a county and its civil divisions, the provisions of the Civil Service Law are administered by a county civil service commission (see, Civil Service Law § 17 [1]).”
Matter of Vill. of Nissequogue v. Suffolk Cnty. Dep't of Civil Serv., 572 N.E.2d 34 (N.Y. 1991). “Agency, 74 NY2d 724 ; Matter of Montero v Lum, 68 NY2d 253 , supra; Civil Service Law § 63). McHugh and Leigh were appointed as .”
Johnson v. Katz, 116 A.D.2d 930 (N.Y. App. Div. 3d Dep't 1986). “Petitioner was appointed to the position of treatment team leader at Kings Park Psychiatric Center in April 1982 subject to a probationary period of 26 to 52 weeks in length (Civil Service Law § 63; 4 NYCRR 4.5). In February 1983, petitioner was informed that she was being…”
Boyle v. Koch, 114 A.D.2d 78 (N.Y. App. Div. 1st Dep't 1986). “Civil Service Law § 63 (1) provides that every original appointment to a position in the competitive class shall be for a probationary term.”
Van Dyke v. New York State Dep't of Educ., 144 A.D.2d 85 (N.Y. App. Div. 3d Dep't 1989). “The parties concur that petitioner’s permanent appointment was subject to a maximum probationary period of two years *88 (see, Civil Service Law § 63 [1]; 4 NYCRR 4.5 [a] [1] [iii]; [5] [ii]).”
Show all 28 citing cases →
N.Y. Civil Service Law § 63(2): 1 case
Matter of Town of Greenburgh v. Civil Serv. Employees Assn., Inc., Local 1000, 244 A.D.3d 734 (N.Y. App. Div. 2d Dep't 2025).
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