2017 New York Laws
CVS - Civil Service
Article 4 - Recruitment of Personnel
Title B - Appointment and Promotion
60 - Certification of Eligible Lists.

 60. Certification  of  eligible lists. 1. Certification of eligibles
  from prior list. When an eligible list has been in  existence  for  less
  than  one year and contains the names of less than three persons willing
  to accept appointment, and a new list for the same position or group  of
  positions  is established, the names of the persons remaining on the old
  list shall have preference in certification over the new list until such
  old list is one year old, and during such period  such  names  shall  be
  certified  along  with  enough  names  from  the new list to provide the
  appointing officer with a sufficient  number  of  eligibles  from  which
  selection  for appointment may be made. Where an old list which has been
  in existence for one year or more is continued upon the establishment of
  a new list which contains less  than  three  names,  the  civil  service
  department  or  a  municipal commission may certify the names on the old
  list along with enough names from the new list to provide the appointing
  officer with a sufficient number of eligibles from which  selection  for
  appointment may be made.
2.  Certification  on  basis  of  sex.  The  state department of civil
  service or  the  municipal  commission  having  jurisdiction  may  limit
  certification  from  an  eligible list to one sex when the duties of the
  position involved relate to the institutional or other custody  or  care
  of  persons  of  the  same sex, or visitation, inspection or work of any
  kind the nature of which requires sex selection.
3. Certification of lists  for  state  positions.  Certifications  for
  appointments  to  positions  in  the  state  service,  regardless of the
  location thereof, shall be made from the state-wide lists of  eligibles;
  provided, however, that the state civil service department may, wherever
  practicable,  certify  from an appropriate eligible list for appointment
  to a state position, in any locality outside Albany county, residents of
  the county or judicial district  including  such  locality,  or  of  any
  combination  of  counties or judicial districts including such locality,
  as determined by such department. Notice of the  proposed  certification
  of  eligibles  by  local  residence in accordance with the provisions of
  this subdivision shall be included in the announcement  of  examination.
  Upon  the  exhaustion  of  the  list  of  local residents certified to a
  position in the state service in a particular locality pursuant  to  the
  provisions  of  this subdivision, the state-wide list of eligibles shall
  be certified to fill vacancies in such position in such locality.