N.Y. Civil Service Law § 122: Eligibility of incumbents of positions not heretofore classified

§ 122. Eligibility of incumbents of positions not heretofore

classified. A position to which the provisions of this article are

hereafter extended shall be classified under an appropriate title. For

the purpose of continuing the essential activities of the state without

interruption, and notwithstanding any inconsistent provisions of this

chapter, the president of the state civil service commission is

empowered, without requiring an examination, to approve the continued

employment of the permanent incumbent of such position under its

classified title upon the certification of the director of the

classification and compensation division that such incumbent has been

satisfactorily performing the duties of such position for a period of at

least one year immediately prior to such extension. After such

classification becomes effective, such incumbent shall be entitled to

the same salary, status, rights, privileges and benefits as if he had

been originally appointed under this chapter to the position designated

by the classified title. No such incumbent, by reason of any change in

title, shall be deprived of any rights he might previously have acquired

under this chapter for appointment, transfer, reinstatement or

promotion.