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

N.Y. Civil Service Law § 64 (2026)

Temporary appointments

✓ text as retrieved May 2026 (this copy records no edition or section history)
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar 
§ 64. Temporary appointments. 1. Temporary appointments authorized;
duration.  A temporary appointment may be made for a period not
exceeding three months when the need for such service is important and
urgent.  A temporary appointment may be made for a period exceeding
three months under the following circumstances only:
  (a) when an employee is on leave of absence from his position, a
temporary appointment to such position may be made for a period not
exceeding the authorized duration of such leave of absence as prescribed
by statute or rule;
  (b) a temporary appointment may be made for a period not exceeding six
months when it is found by the state civil service department or
appropriate municipal civil service commission, upon due inquiry, that
the position to which such appointment is proposed will not continue in
existence for a longer period; provided, however, that where a temporary
appointment is made to a position originally expected to exist for no
longer than six months and it subsequently develops that such position
will remain in existence beyond such six-month period, such temporary
appointment may be extended, with the approval of the state civil
service department or municipal civil service commission having
jurisdiction, for a further period not to exceed an additional six
months;
  (c) when the department of civil service or appropriate municipal
civil service commission of any city containing more than one county
finds that a reduction or abolition of positions in the state service or
such city service is planned or imminent and that such reduction or
abolition of positions will probably result in the suspension or
demotion of permanent employees, such department or commission may
authorize temporary instead of permanent appointments to be made for a
period not exceeding one year in positions in state service or such city
service to which permanent employees to be affected by such abolition or
reduction of positions will be eligible for transfer or reassignment.
  Successive temporary appointments shall not be made to the same
position after the expiration of the authorized period of the original
temporary appointment to such position.
  2. Temporary appointments from eligible lists. A temporary appointment
for a period not exceeding three months may be made without regard to
existing eligible lists. A temporary appointment for a period exceeding
three months but not exceeding six months may be by the selection of a
person from an appropriate eligible list, if available, without regard
to the relative standing of such person on such list. Any further
temporary appointment beyond such six month period or any temporary
appointment originally made for a period exceeding six months shall be
made by the selection of an appointee from among those graded highest on
an appropriate eligible list, if available.
  3. Temporary appointments without examination in exceptional cases.
Notwithstanding the provisions of subdivisions one and two of this
section, the civil service department or municipal commission having
jurisdiction may authorize a temporary appointment, without examination,
when the person appointed will render professional, scientific,
technical or other expert services (1) on an occasional basis or (2) on
a full-time or regular part-time basis in a temporary position
established to conduct a special study or project for a period not
exceeding eighteen months. Such appointment may be authorized only in a
case where, because of the nature of the services to be rendered and the
temporary or occasional character of such services, it would not be
practicable to hold an examination of any kind.
  4. The state and municipal civil service commissions may, by rule,
provide for the extension of some or all of the rights and benefits of
permanent status to an employee who is appointed or promoted, after
having qualified therefor in the same manner as required for permanent
appointment or promotion, to a position left temporarily vacant by the
leave of absence of the permanent incumbent thereof.  Such rights and
benefits shall be subject to such conditions and limitations as may be
prescribed in the rules.
Notes of Decisions
Cited in 19 cases, 1986–2020 · leading case: Montero v. Lum, 501 N.E.2d 5 (N.Y. 1986).
Sort: Relevance Newest Treatment
Montero v. Lum, 501 N.E.2d 5 (N.Y. 1986). · cites it 4× “2 Additionally, the court rejected respondents’ contention that petitioner’s status was temporary, rather than permanent, before he had passed the examination, since, in its view, respondents had not satisfactorily established that a valid temporary appointment was made within…”
Lukas v. Ascher, 299 A.D.2d 262 (N.Y. App. Div. 1st Dep't 2002). · cites it 3× “The proceeding was properly dismissed as moot upon a showing that the complained-of practice of hiring temporary BTOs on a long-term basis, in alleged violation of Civil Service Law § 64 (1) (c), occurred during a unique period of downsizing that attended respondents’ transition…”
City of Rome v. State of New York Pub. Emp. Relations Bd., 283 A.D.2d 817 (N.Y. App. Div. 3d Dep't 2001). · cites it 2× “Ultimately Supreme Court determined that McLiesh’s continued service as an acting purchasing agent beyond the three-month period for temporary appointments permitted by Civil Service Law § 64 (1) violated NY Constitution, article V, § 6 and that PERB therefore exceeded its…”
Miller v. Griffith, 251 A.D.2d 1058 (N.Y. App. Div. 4th Dep't 1998). · cites it 4× “odified affirmed without costs in accordance with the following Memorandum: Supreme Court properly enjoined respondents from engaging in the practice of making temporary appointments of firefighters, including battalion chiefs, fire captains and fire lieutenants, to serve in…”
Vill. of Nissequogue v. Suffolk Cnty. Dep't of Civil Serv., 157 A.D.2d 784 (N.Y. App. Div. 2d Dep't 1990). · cites it 2× “Insofar as their appointment was temporary or provisional under Civil Service Law § 64, the duration of such temporary or provisional appointment extending over several years was unlawful and contrary to the spirit of NY Constitution, article V, § 6 (see, Civil Service Law § 64;…”
Matter of Police Benevolent Assn. of N.Y. State, Inc. v. State of New York, 150 A.D.3d 1375 (N.Y. App. Div. 3d Dep't 2017). “Instead, it challenges the appointment of Walsh on the ground that it violated Civil Service Law § 64. Although the remedies sought include an award of back pay for lost overtime assignments, available only under the CBA, counsel for petitioner confirmed, at oral argument of…”
Albany Permanent Prof'l Firefighters Ass'n v. City of Albany, 303 A.D.2d 819 (N.Y. App. Div. 3d Dep't 2003). “Pursuant to this statute, “[a] temporary appointment may be made for a period not exceeding three months when the need for such service is important and urgent” (Civil Service Law § 64 [1]). Here, petitioners claim that Krug was appointed on a temporary basis to fill a vacant…”
Snyder v. Civil Serv. Comm'n, 132 A.D.2d 905 (N.Y. App. Div. 3d Dep't 1987). · cites it 2× “Further, Civil Service Law §64 (1) (a) expressly authorizes temporary appointments to temporarily vacant positions.”
Evangelista v. Irving, 177 A.D.2d 1005 (N.Y. App. Div. 4th Dep't 1991). “Additionally, the record is insufficient to allow us to determine whether respondents’ current practice violates Civil Service Law § 61 (2) or the court’s order, or whether, as respondents contend, it is permissible pursuant to Civil Service Law § 64. (Appeal from Judgment of…”
Civil Serv. Employees Ass'n v. Brookhaven-Comsewogue Union Free Sch. Dist., 662 N.E.2d 254 (N.Y. 1995). “The only statutory provision for temporary appointment to classified positions is Civil Service Law § 64, and there is no claim that petitioner’s appointment fits within the terms of that statute.”
Miller v. Griffith, 241 A.D.2d 938 (N.Y. App. Div. 4th Dep't 1997). · cites it 4× “Respondents acknowledge in their answer that they temporarily appointed firefighters to work in higher ranking positions when short-term absences arose in those positions, but contend that their practice is in accordance with Civil Service Law § 64 and the parties’ collective…”
Johnson v. Bd. of Educ., 155 A.D.2d 896 (N.Y. App. Div. 4th Dep't 1989). “The Board is empowered to appoint a temporary replacement without regard to eligibility lists until the position can be filled by competitive appointment (see, Civil Service Law § 64). (Appeal from judgment of Supreme Court, Chautauqua County, Ricotta, J.”
Show all 19 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.