State Codes and Statutes

Statutes > New-york > Cvs > Article-4 > Title-a > 56

§ 56. Establishment and duration of eligible lists. 1. The duration of  an  eligible list shall be fixed at not less than one nor more than four  years; provided that, except for lists promulgated  for  police  officer  positions in jurisdictions other than the city of New York, in the event  that  a  restriction  against  the  filling  of  vacancies exists in any  jurisdiction, the state civil service department or municipal commission  having jurisdiction shall,  in  the  discretion  of  the  department  or  commission,  extend the duration of any eligible list for a period equal  to the length of such restriction  against  the  filling  of  vacancies.  Restriction  against  the  filling  of  vacancies shall mean any policy,  whether by executive order or otherwise, which, because of  a  financial  emergency,  prevents  or  limits the filling of vacancies in a title for  which a list has been promulgated. An eligible list  that  has  been  in  existence for one year or more shall terminate upon the establishment of  an  appropriate new list, unless otherwise prescribed by the state civil  service department or municipal commission having jurisdiction.    2. Notwithstanding subdivision one of this section,  the  duration  of  eligible  lists established on or before December thirty-first, nineteen  hundred ninety-six, shall be fixed at not less than one  nor  more  than  four  years;  provided  that,  except  for  lists promulgated for police  officer positions in jurisdictions other than the city of New  York,  in  the  event that a restriction against the filling of vacancies exists in  any jurisdiction,  the  state  civil  service  department  or  municipal  commission   having   jurisdiction  shall,  in  the  discretion  of  the  department or commission, extend the duration of any such eligible  list  for a period equal to the length of such restriction against the filling  of  vacancies.  Restriction  against the filling of vacancies shall mean  any policy, whether by executive order or otherwise, which  prevents  or  limits  the  filling  of  vacancies in a title for which such a list has  been promulgated. An eligible list that has been in  existence  for  one  year  or  more  shall terminate upon the establishment of an appropriate  new list,  unless  otherwise  prescribed  by  the  state  civil  service  department or municipal commission having jurisdiction.    3.  Notwithstanding any law to the contrary, the name of any applicant  or eligible whose disqualification has been reversed or whose rank order  on an eligible list has been adjusted through administrative or judicial  action or proceeding shall be placed on an eligible list for a period of  time equal to the period of  disqualification  or  for  the  period  the  application  has  been  improperly ranked, up to a maximum period of one  year or until the expiration  of  the  eligibility  list,  whichever  is  longer.  If  an  eligible  list  expires prior to the expiration of such  period of restoration, the name of the applicant or  eligible  shall  be  placed  on a special eligible list, which shall have a duration equal to  the longer of (a) the remainder of the period of restoration or (b)  two  years. An applicant or eligible whose disqualification has been reversed  or whose rank order has been adjusted subsequent to the expiration of an  eligible list shall be placed on a special eligible list for a length of  time equal to the restored period of time not to exceed a maximum of one  year.    4.  Notwithstanding  the foregoing provisions of this section, where a  court of competent jurisdiction has determined that an eligible list  is  invalid,  the  court  may  order the creation of a special eligible list  having a duration of  not  less  than  one  nor  more  than  four  years  commencing at the time the corrected list is published.

State Codes and Statutes

Statutes > New-york > Cvs > Article-4 > Title-a > 56

§ 56. Establishment and duration of eligible lists. 1. The duration of  an  eligible list shall be fixed at not less than one nor more than four  years; provided that, except for lists promulgated  for  police  officer  positions in jurisdictions other than the city of New York, in the event  that  a  restriction  against  the  filling  of  vacancies exists in any  jurisdiction, the state civil service department or municipal commission  having jurisdiction shall,  in  the  discretion  of  the  department  or  commission,  extend the duration of any eligible list for a period equal  to the length of such restriction  against  the  filling  of  vacancies.  Restriction  against  the  filling  of  vacancies shall mean any policy,  whether by executive order or otherwise, which, because of  a  financial  emergency,  prevents  or  limits the filling of vacancies in a title for  which a list has been promulgated. An eligible list  that  has  been  in  existence for one year or more shall terminate upon the establishment of  an  appropriate new list, unless otherwise prescribed by the state civil  service department or municipal commission having jurisdiction.    2. Notwithstanding subdivision one of this section,  the  duration  of  eligible  lists established on or before December thirty-first, nineteen  hundred ninety-six, shall be fixed at not less than one  nor  more  than  four  years;  provided  that,  except  for  lists promulgated for police  officer positions in jurisdictions other than the city of New  York,  in  the  event that a restriction against the filling of vacancies exists in  any jurisdiction,  the  state  civil  service  department  or  municipal  commission   having   jurisdiction  shall,  in  the  discretion  of  the  department or commission, extend the duration of any such eligible  list  for a period equal to the length of such restriction against the filling  of  vacancies.  Restriction  against the filling of vacancies shall mean  any policy, whether by executive order or otherwise, which  prevents  or  limits  the  filling  of  vacancies in a title for which such a list has  been promulgated. An eligible list that has been in  existence  for  one  year  or  more  shall terminate upon the establishment of an appropriate  new list,  unless  otherwise  prescribed  by  the  state  civil  service  department or municipal commission having jurisdiction.    3.  Notwithstanding any law to the contrary, the name of any applicant  or eligible whose disqualification has been reversed or whose rank order  on an eligible list has been adjusted through administrative or judicial  action or proceeding shall be placed on an eligible list for a period of  time equal to the period of  disqualification  or  for  the  period  the  application  has  been  improperly ranked, up to a maximum period of one  year or until the expiration  of  the  eligibility  list,  whichever  is  longer.  If  an  eligible  list  expires prior to the expiration of such  period of restoration, the name of the applicant or  eligible  shall  be  placed  on a special eligible list, which shall have a duration equal to  the longer of (a) the remainder of the period of restoration or (b)  two  years. An applicant or eligible whose disqualification has been reversed  or whose rank order has been adjusted subsequent to the expiration of an  eligible list shall be placed on a special eligible list for a length of  time equal to the restored period of time not to exceed a maximum of one  year.    4.  Notwithstanding  the foregoing provisions of this section, where a  court of competent jurisdiction has determined that an eligible list  is  invalid,  the  court  may  order the creation of a special eligible list  having a duration of  not  less  than  one  nor  more  than  four  years  commencing at the time the corrected list is published.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvs > Article-4 > Title-a > 56

§ 56. Establishment and duration of eligible lists. 1. The duration of  an  eligible list shall be fixed at not less than one nor more than four  years; provided that, except for lists promulgated  for  police  officer  positions in jurisdictions other than the city of New York, in the event  that  a  restriction  against  the  filling  of  vacancies exists in any  jurisdiction, the state civil service department or municipal commission  having jurisdiction shall,  in  the  discretion  of  the  department  or  commission,  extend the duration of any eligible list for a period equal  to the length of such restriction  against  the  filling  of  vacancies.  Restriction  against  the  filling  of  vacancies shall mean any policy,  whether by executive order or otherwise, which, because of  a  financial  emergency,  prevents  or  limits the filling of vacancies in a title for  which a list has been promulgated. An eligible list  that  has  been  in  existence for one year or more shall terminate upon the establishment of  an  appropriate new list, unless otherwise prescribed by the state civil  service department or municipal commission having jurisdiction.    2. Notwithstanding subdivision one of this section,  the  duration  of  eligible  lists established on or before December thirty-first, nineteen  hundred ninety-six, shall be fixed at not less than one  nor  more  than  four  years;  provided  that,  except  for  lists promulgated for police  officer positions in jurisdictions other than the city of New  York,  in  the  event that a restriction against the filling of vacancies exists in  any jurisdiction,  the  state  civil  service  department  or  municipal  commission   having   jurisdiction  shall,  in  the  discretion  of  the  department or commission, extend the duration of any such eligible  list  for a period equal to the length of such restriction against the filling  of  vacancies.  Restriction  against the filling of vacancies shall mean  any policy, whether by executive order or otherwise, which  prevents  or  limits  the  filling  of  vacancies in a title for which such a list has  been promulgated. An eligible list that has been in  existence  for  one  year  or  more  shall terminate upon the establishment of an appropriate  new list,  unless  otherwise  prescribed  by  the  state  civil  service  department or municipal commission having jurisdiction.    3.  Notwithstanding any law to the contrary, the name of any applicant  or eligible whose disqualification has been reversed or whose rank order  on an eligible list has been adjusted through administrative or judicial  action or proceeding shall be placed on an eligible list for a period of  time equal to the period of  disqualification  or  for  the  period  the  application  has  been  improperly ranked, up to a maximum period of one  year or until the expiration  of  the  eligibility  list,  whichever  is  longer.  If  an  eligible  list  expires prior to the expiration of such  period of restoration, the name of the applicant or  eligible  shall  be  placed  on a special eligible list, which shall have a duration equal to  the longer of (a) the remainder of the period of restoration or (b)  two  years. An applicant or eligible whose disqualification has been reversed  or whose rank order has been adjusted subsequent to the expiration of an  eligible list shall be placed on a special eligible list for a length of  time equal to the restored period of time not to exceed a maximum of one  year.    4.  Notwithstanding  the foregoing provisions of this section, where a  court of competent jurisdiction has determined that an eligible list  is  invalid,  the  court  may  order the creation of a special eligible list  having a duration of  not  less  than  one  nor  more  than  four  years  commencing at the time the corrected list is published.