N.Y. Civil Service Law Section 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.

Source: Section 122 — Eligibility of incumbents of positions not heretofore classified, https://www.­nysenate.­gov/legislation/laws/CVS/122 (updated Sep. 22, 2014; accessed Nov. 15, 2025).

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Verified:
Nov. 15, 2025

Last modified:
Sep. 22, 2014

§ 122. Eligibility of incumbents of positions not heretofore classified's source at nysenate​.gov

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