N.Y. Civil Service Law § 95: Duties of public officers

§ 95. Duties of public officers. It shall be the duty of all officers

of the state of New York or of any civil division or city thereof to

conform to and comply with and to aid in all proper ways in carrying

into effect the provisions of this chapter, and the rules and

regulations prescribed thereunder. No officer or officers having the

power of appointment or employment shall appoint or select any person

for appointment, employment, promotion or reinstatement except in

accordance with the provisions of this chapter and the rules and

regulations established thereunder. Any person employed or appointed

contrary to the provisions of this chapter or of the rules and

regulations established thereunder shall be paid by the officer or

officers so employing or appointing, or attempting to employ or appoint

him, the compensation agreed upon for any services performed under such

appointment or employment or, in case no compensation is agreed upon,

the actual value of such services and any necessary expenses incurred in

connection therewith, and shall have a cause of action against such

officer or officers for such sum and for the costs of the action. No

public officer shall be reimbursed by the state or any of its civil

divisions for any sums so paid or recovered in any such action.