N.Y. Civ. Serv. Law § 41

§ 41. Exempt class. 1. The following offices and positions shall be in\nthe exempt class:\n (a) one secretary of each state department or division, temporary\nstate commission or other state officer authorized by law to appoint a\nsecretary;\n (b) the deputies of principal executive officers authorized by law to\nact generally for and in place of their principals;\n (c) one secretary of each municipal board or commission authorized by\nlaw to appoint a secretary;\n (d) one clerk and one deputy clerk if authorized by law, of each\ncourt, and one clerk of each elective judicial officer, and also one\ndeputy clerk, if authorized by law, of any justice of the supreme court;\n (e) all other subordinate offices or positions for the filling of\nwhich competitive or non-competitive examination may be found to be not\npracticable. Not more than one appointment shall be made to or under the\ntitle of any office or position placed in the exempt class pursuant to\nthe provisions of this paragraph, unless a different number is\nspecifically prescribed in the rules.\n 2. No office or position shall be deemed to be in the exempt class\nunless it is specifically named in such class in the rules. Upon the\noccurrence of a vacancy in any position in the exempt class, the state\nor municipal civil service commission having jurisdiction shall study\nand evaluate such position and, within four months after the occurrence\nof such vacancy, shall determine whether such position, as then\nconstituted, is properly classified in the exempt class. Pending such\ndetermination, said position shall not be filled, except on a temporary\nbasis.\n