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This entry was published on 2014-09-22
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SECTION 56
Establishment and duration of eligible lists
Civil Service (CVS) CHAPTER 7, ARTICLE 4, TITLE A
§ 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.