N.Y. CVS Law § 122

§ 122. Eligibility of incumbents of positions not heretofore\nclassified. A position to which the provisions of this article are\nhereafter extended shall be classified under an appropriate title. For\nthe purpose of continuing the essential activities of the state without\ninterruption, and notwithstanding any inconsistent provisions of this\nchapter, the president of the state civil service commission is\nempowered, without requiring an examination, to approve the continued\nemployment of the permanent incumbent of such position under its\nclassified title upon the certification of the director of the\nclassification and compensation division that such incumbent has been\nsatisfactorily performing the duties of such position for a period of at\nleast one year immediately prior to such extension. After such\nclassification becomes effective, such incumbent shall be entitled to\nthe same salary, status, rights, privileges and benefits as if he had\nbeen originally appointed under this chapter to the position designated\nby the classified title. No such incumbent, by reason of any change in\ntitle, shall be deprived of any rights he might previously have acquired\nunder this chapter for appointment, transfer, reinstatement or\npromotion.\n