N.Y. CVS Law § 63

§ 63. Probationary term. 1. Every original appointment to a position\nin the competitive class and every interdepartmental promotion from a\nposition in one department or agency to a position in another department\nor agency shall be for a probationary term; provided, however, that upon\ninterdepartmental promotion the appointing officer may waive the\nrequirement of satisfactory completion of the probationary term. The\nstate civil service commission and municipal civil service commissions\nmay provide, by rule, for probationary service upon intradepartmental\npromotion to positions in the competitive class and upon appointment to\npositions in the exempt, non-competitive or labor classes.\n When probationary service is required upon promotion, the position\nformerly held by the person promoted shall be held open and shall not be\nfilled, except on a temporary basis, pending completion of his\nprobationary term.\n Notwithstanding the foregoing or any other law or rule to the\ncontrary, when a permanent appointment or promotion to a position in the\ncompetitive class is conditioned upon the completion of a term of\ntraining service or of a period of service in a designated trainee\ntitle, such service and the probationary term for such competitive\nposition shall run concurrently.\n Notwithstanding the foregoing or any law or rule to the contrary, any\nperson appointed provisionally in accordance with section sixty-five of\nthis title who receives a permanent appointment to the same title\nimmediately following the provisional appointment shall have all time\nspent as a provisional appointment credited to any probationary term\nthat is required upon permanent appointment to a position.\n 2. The state civil service commission and municipal civil service\ncommissions shall, subject to the provisions of this section, provide by\nrule for the conditions and extent of probationary service.\n