N.Y. Civil Service Law § 41: Exempt class

§ 41. Exempt class. 1. The following offices and positions shall be in

the exempt class:

(a) one secretary of each state department or division, temporary

state commission or other state officer authorized by law to appoint a

secretary;

(b) the deputies of principal executive officers authorized by law to

act generally for and in place of their principals;

(c) one secretary of each municipal board or commission authorized by

law to appoint a secretary;

(d) one clerk and one deputy clerk if authorized by law, of each

court, and one clerk of each elective judicial officer, and also one

deputy clerk, if authorized by law, of any justice of the supreme court;

(e) all other subordinate offices or positions for the filling of

which competitive or non-competitive examination may be found to be not

practicable. Not more than one appointment shall be made to or under the

title of any office or position placed in the exempt class pursuant to

the provisions of this paragraph, unless a different number is

specifically prescribed in the rules.

2. No office or position shall be deemed to be in the exempt class

unless it is specifically named in such class in the rules. Upon the

occurrence of a vacancy in any position in the exempt class, the state

or municipal civil service commission having jurisdiction shall study

and evaluate such position and, within four months after the occurrence

of such vacancy, shall determine whether such position, as then

constituted, is properly classified in the exempt class. Pending such

determination, said position shall not be filled, except on a temporary

basis.