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 25.25 - Provisional appointments

(a) Provisional appointments authorized. Whenever there is no appropriate eligible list available for filling a vacancy in the competitive class, the appointing authority may appoint provisionally to fill such vacancy a person who qualifies by noncompetitive examination until a selection and appointment can be made after competitive examination. Such noncompetitive examination may consist of a review and evaluation of the training, experience and other qualifications of the nominee, without written, oral or other performance tests.

(b) Time limitation on provisional appointments. No provisional appointment shall continue for a period in excess of nine months. The Chief Administrator of the Courts shall order a competitive civil service examination for any position held by provisional appointment for a period of one month. Such an examination shall be conducted, as soon as practicable thereafter, to prevent the provisional appointment from continuing for a period in excess of nine months.

(c) Termination of provisional appointments. A provisional appointment to any position shall be terminated within two months following the establishment of an appropriate eligible list for filling vacancies in such positions; provided, however, that where there are a large number of provisional appointees to be replaced by permanent appointees from a newly established eligible list, and the appointing authority deems that the termination of the employment of all such provisional appointees within two months following establishment of such list would disrupt or impair essential public services, the appointing authority may terminate the employment of various numbers of such provisional appointees at stated intervals; provided, however, that the employment of any such provisional appointee shall not be continued longer than four months following the establishment of such eligible list.

(d) Successive provisional appointments. Successive provisional appointments shall not be made to the same position after the expiration of the authorized period of the original provisional appointment to such position; provided, however, that where an examination for a position or group of positions fails to produce a list adequate to fill all positions then held on a provisional basis, or where such list is exhausted immediately following its establishment, a new provisional appointment may be made to any such position remaining unfilled by permanent appointment, and such new provisional appointment may, in the discretion of the appointing authority, be given to a current or former provisional appointee in such position, except that a current or former provisional appointee who becomes eligible for permanent appointment to any such position shall, if he or she is then to be continued in or appointed to any such position, be afforded permanent appointment to such position.

(e) Provisional service credit towards probation. Any person appointed provisionally who receives a permanent appointment to the same title under the supervision of the same administrative authority immediately following the provisional appointment shall have all time spent as a provisional appointee credited to any probationary term that is required upon permanent appointment to such position.