How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111472
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

In civil service law 65 you can not be in a provisional

Customer Question

In civil service law 65 you can not be in a provisional position for more than nine months what happens if the person is in it for longer than that does it mean that they becomes permanent in the position.
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, they would be in violation of NY Civil Service Rule 65, which says:
"No provisional appointment shall continue for a period in excess of nine months.  The civil service department shall for competitive positions within its jurisdiction, and a municipal civil service commission shall for competitive positions within its jurisdiction, order a civil service examination for any position held by provisional appointment for a period of one month and such department or commission shall conduct a civil service examination, or see that such an examination is conducted, as soon as practicable thereafter, in order to prevent the provisional appointment from continuing for a period in excess of nine months."
The rule does not allow for the person in the position to become permanent. Other employees or even the employee in the provisional provision have a right to file a complaint to civil service and to sue to force them to have a test to fill the position as the law requires. The courts hold Rule 65 creates no right to tenure in a position, so you cannot acquire permanent status. See: NY City of Long Beach v. CSEA, 867 N.E.2d 389 (N.Y. 2007).