N.Y. Civil Service Law § 63: Probationary term

§ 63. Probationary term. 1. Every original appointment to a position

in the competitive class and every interdepartmental promotion from a

position in one department or agency to a position in another department

or agency shall be for a probationary term; provided, however, that upon

interdepartmental promotion the appointing officer may waive the

requirement of satisfactory completion of the probationary term. The

state civil service commission and municipal civil service commissions

may provide, by rule, for probationary service upon intradepartmental

promotion to positions in the competitive class and upon appointment to

positions in the exempt, non-competitive or labor classes.

When probationary service is required upon promotion, the position

formerly held by the person promoted shall be held open and shall not be

filled, except on a temporary basis, pending completion of his

probationary term.

Notwithstanding the foregoing or any other law or rule to the

contrary, when a permanent appointment or promotion to a position in the

competitive class is conditioned upon the completion of a term of

training service or of a period of service in a designated trainee

title, such service and the probationary term for such competitive

position shall run concurrently.

Notwithstanding the foregoing or any law or rule to the contrary, any

person appointed provisionally in accordance with section sixty-five of

this title who receives a permanent appointment to the same title

immediately following the provisional appointment shall have all time

spent as a provisional appointment credited to any probationary term

that is required upon permanent appointment to a position.

2. The state civil service commission and municipal civil service

commissions shall, subject to the provisions of this section, provide by

rule for the conditions and extent of probationary service.