N.Y. Civ. Serv. Law § 43

§ 43. Labor class. 1. The labor class shall comprise all unskilled\nlaborers in the service of the state and each of its civil divisions\nexcept those whose positions can be examined for competitively.\n 2. The state or municipal commission may require applicants for\nemployment in the labor class to qualify in such examinations of their\nfitness for employment as may be deemed practicable.\n