N.Y. CVS Law § 42

§ 42. Non-competitive class. 1. The non-competitive class shall\ninclude all positions that are not in the exempt class or the labor\nclass and for which it is found by the commission having jurisdiction to\nbe not practicable to ascertain the merit and fitness of applicants by\ncompetitive examination. Appointments to positions in the\nnon-competitive class shall be made after such non-competitive\nexamination as is prescribed by the state civil service department or\nmunicipal commission having jurisdiction. No position shall be deemed\nto be in the non-competitive class unless it is specifically named in\nsuch class in the rules. Not more than one appointment shall be made to\nor under the title of any office or position placed in the\nnon-competitive class pursuant to the provisions of this section, unless\na different or an unlimited number is specifically prescribed in the\nrules.\n 2. With respect to civil divisions of the state whose populations,\naccording to the latest federal decennial census or latest federal\nspecial population census, are less than five thousand and, with respect\nto those civil divisions whose populations are not determined as such by\nthe federal bureau of the census, whose populations are estimated by\ntheir respective governing bodies to be less than five thousand, the\nstate commission shall, on or before July first, nineteen hundred\nsixty-one, promulgate standards for determining the practicality of\nexamination, which it may from time to time thereafter amend, and shall\nalso provide information and advice to municipal commissions, to enable\nsuch commissions to utilize the provisions of this section, when\nappropriate, in order to enable such civil subdivisions to recruit and\nretain in their employ competent and qualified persons.\n 2-a. The state or municipal civil service commission by appropriate\namendments to its rules shall designate among positions in the\nnon-competitive class in its jurisdiction those positions which are\nconfidential or require the performance of functions influencing policy.\n