New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter I - Standards and Administrative Policies
Subchapter A - Rules Of The Chief Judge
Part 25 - Career Service
Section 25.23 - Temporary and emergency appointments

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 25.23

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Temporary appointments authorized; duration. A temporary appointment may be made for a period not exceeding three months when the need for such service is important and urgent. A temporary appointment may be made for a period exceeding three months under the following circumstances only:

(1) When an employee is on leave of absence from his or her position, a temporary appointment to such position may be made for a period not exceeding the authorized duration of such leave of absence as prescribed by statute or rule.

(2) A temporary appointment may be made for a period not exceeding six months when it is found by the appointing authority, upon due inquiry, that the position to which such appointment is proposed will not continue in existence for a longer period; provided, however, that where a temporary appointment is made to a position originally expected to exist for no longer than six months and it subsequently develops that such position will remain in existence beyond such six-month period, such temporary appointment may be extended for a further period not to exceed an additional six months.

(b) Temporary appointments upon abolition of positions. When a reduction or abolition of positions in the Unified Court System is planned or imminent and such reduction or abolition of positions will probably result in the suspension or demotion of permanent employees, the appointing authority may make temporary instead of permanent appointments for a period not exceeding one year in positions in the Unified Court System to which permanent employees to be affected by such abolition or reduction of positions will be eligible for transfer or reassignment. Successive temporary appointments shall not be made to the same position after the expiration of the authorized period of the original temporary appointment to such position.

(c) Temporary appointments from eligible lists.

(1) A temporary appointment for a period not exceeding three months may be made without regard to existing eligible lists.

(2) A temporary appointment for a period exceeding three months, but not exceeding six months may be made by the selection of a person from an appropriate eligible list, without regard to the relative standing of such person on such list.

(3) Any further temporary appointment beyond such six-month period, or any temporary appointment originally made for a period exceeding six months shall be made by the selection of an appointee from among those graded highest on an appropriate eligible list in accordance with section 25.20(a) of this Part.

(d) Temporary appointments without examination in exceptional cases. Notwithstanding any other provision of this section, the appointing authority may authorize a temporary appointment, without examination, when the person appointed will render professional, scientific, technical or other expert services on an occasional basis or on a full-time or regular part-time basis in a temporary position established to conduct a special study or project for a period not exceeding 18 months. Such appointment may be authorized only in a case where, because of the nature of the services to be rendered and the temporary or occasional character of such services, it would not be practicable to hold an examination of any kind.

(e) Emergency appointments. When an emergency requires that a position be filled pending appointment from a list or after noncompetitive examination, the appointing authority may fill the vacancy. Such appointment shall not continue longer than one month without a continuance by the appointing authority.

(f) Effect of temporary appointment on eligibility for permanent appointment. The acceptance by an eligible of a temporary appointment shall not affect his or her standing on the eligible list for a permanent appointment, nor shall the period of temporary service be counted as part of the probationary service in that position in the event of subsequent permanent appointment.

(g) Temporary or provisional appointment or promotion of permanent employee. When a permanent competitive class employee is given a temporary or provisional appointment or promotion to another competitive class position, he or she shall be deemed to be on leave of absence from his or her permanent position for the period of his or her service under such temporary or provisional appointment or promotion. He or she shall be entitled to return to his or her permanent position upon the termination of such temporary or provisional service. An employee who voluntarily elects to relinquish his or her temporary or provisional status and return to his or her permanent position shall give reasonable notice thereof to the appointing authority.

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