N.Y. Civil Service Law § 65 (2026)

§ 65. Provisional appointments. 1. Provisional appointments
authorized.  Whenever there is no appropriate eligible list available
for filling a vacancy in the competitive class, the appointing officer
may nominate a person to the state civil service department or municipal
commission for non-competitive examination, and if such nominee shall be
certified by such department or municipal commission as qualified after
such non-competitive examination, he may be appointed provisionally to
fill such vacancy until a selection and appointment can be made after
competitive examination. Such non-competitive examination may consist of
a review and evaluation of the training, experience and other
qualifications of the nominee, without written, oral or other
performance tests.
  2. Time limitation on provisional appointments. No provisional
appointment shall continue for a period in excess of nine months. The
civil service department shall for competitive positions within its
jurisdiction, and a municipal civil service commission shall for
competitive positions within its jurisdiction, order a civil service
examination for any position held by provisional appointment for a
period of one month and such department or commission shall conduct a
civil service examination, or see that such an examination is conducted,
as soon as practicable thereafter, in order to prevent the provisional
appointment from continuing for a period in excess of nine months.
  3. Termination of provisional appointments. A provisional appointment
to any position shall be terminated within two months following the
establishment of an appropriate eligible list for filling vacancies in
such positions; provided, however, that where there are a large number
of provisional appointees in any department or agency in the service of
the state or any civil division thereof to be replaced by permanent
appointees from a newly established eligible list, and the appointing
officer or body deems that the termination of the employment of all such
provisional appointees within two months following establishment of such
list would disrupt or impair essential public services, evidence thereof
may be presented to the civil service department or municipal commission
having jurisdiction which, after due inquiry, and upon finding that it
is in the best interest of the public service, may waive the provisions
of this subdivision requiring the termination of the employment of
provisional appointees within two months following the establishment of
an appropriate eligible list and authorize the termination of the
employment of various numbers of such provisional appointees at stated
intervals prescribed by such commission; provided, however, that in no
case shall the employment of any such provisional appointee be continued
longer than four months following the establishment of such eligible
list.
  4. Successive provisional appointments. Successive provisional
appointments shall not be made to the same position after the expiration
of the authorized period of the original provisional appointment to such
position; provided, however, that where an examination for a position or
group of positions fails to produce a list adequate to fill all
positions then held on a provisional basis, or where such list is
exhausted immediately following its establishment, a new provisional
appointment may be made to any such position remaining unfilled by
permanent appointment, and such new provisional appointment may, in the
discretion of the appointing authority, be given to a current or former
provisional appointee in such position, except that a current or former
provisional appointee who becomes eligible for permanent appointment to
any such position shall, if he is then to be continued in or appointed
to any such position be afforded permanent appointment to such position.