N.Y. Civil Service Law § 60: Certification of eligible lists

§ 60. Certification of eligible lists. 1. Certification of eligibles

from prior list. When an eligible list has been in existence for less

than one year and contains the names of less than three persons willing

to accept appointment, and a new list for the same position or group of

positions is established, the names of the persons remaining on the old

list shall have preference in certification over the new list until such

old list is one year old, and during such period such names shall be

certified along with enough names from the new list to provide the

appointing officer with a sufficient number of eligibles from which

selection for appointment may be made. Where an old list which has been

in existence for one year or more is continued upon the establishment of

a new list which contains less than three names, the civil service

department or a municipal commission may certify the names on the old

list along with enough names from the new list to provide the appointing

officer with a sufficient number of eligibles from which selection for

appointment may be made.

2. Certification on basis of sex. The state department of civil

service or the municipal commission having jurisdiction may limit

certification from an eligible list to one sex when the duties of the

position involved relate to the institutional or other custody or care

of persons of the same sex, or visitation, inspection or work of any

kind the nature of which requires sex selection.

3. Certification of lists for state positions. Certifications for

appointments to positions in the state service, regardless of the

location thereof, shall be made from the state-wide lists of eligibles;

provided, however, that the state civil service department may, wherever

practicable, certify from an appropriate eligible list for appointment

to a state position, in any locality outside Albany county, residents of

the county or judicial district including such locality, or of any

combination of counties or judicial districts including such locality,

as determined by such department. Notice of the proposed certification

of eligibles by local residence in accordance with the provisions of

this subdivision shall be included in the announcement of examination.

Upon the exhaustion of the list of local residents certified to a

position in the state service in a particular locality pursuant to the

provisions of this subdivision, the state-wide list of eligibles shall

be certified to fill vacancies in such position in such locality.