N.Y. CVS Law § 60

§ 60. Certification of eligible lists. 1. Certification of eligibles\nfrom prior list. When an eligible list has been in existence for less\nthan one year and contains the names of less than three persons willing\nto accept appointment, and a new list for the same position or group of\npositions is established, the names of the persons remaining on the old\nlist shall have preference in certification over the new list until such\nold list is one year old, and during such period such names shall be\ncertified along with enough names from the new list to provide the\nappointing officer with a sufficient number of eligibles from which\nselection for appointment may be made. Where an old list which has been\nin existence for one year or more is continued upon the establishment of\na new list which contains less than three names, the civil service\ndepartment or a municipal commission may certify the names on the old\nlist along with enough names from the new list to provide the appointing\nofficer with a sufficient number of eligibles from which selection for\nappointment may be made.\n 2. Certification on basis of sex. The state department of civil\nservice or the municipal commission having jurisdiction may limit\ncertification from an eligible list to one sex when the duties of the\nposition involved relate to the institutional or other custody or care\nof persons of the same sex, or visitation, inspection or work of any\nkind the nature of which requires sex selection.\n 3. Certification of lists for state positions. Certifications for\nappointments to positions in the state service, regardless of the\nlocation thereof, shall be made from the state-wide lists of eligibles;\nprovided, however, that the state civil service department may, wherever\npracticable, certify from an appropriate eligible list for appointment\nto a state position, in any locality outside Albany county, residents of\nthe county or judicial district including such locality, or of any\ncombination of counties or judicial districts including such locality,\nas determined by such department. Notice of the proposed certification\nof eligibles by local residence in accordance with the provisions of\nthis subdivision shall be included in the announcement of examination.\nUpon the exhaustion of the list of local residents certified to a\nposition in the state service in a particular locality pursuant to the\nprovisions of this subdivision, the state-wide list of eligibles shall\nbe certified to fill vacancies in such position in such locality.\n