N.Y. Civ. Serv. Law § 61

§ 61. Appointment and promotion. 1. Appointment or promotion from\neligible lists. Appointment or promotion from an eligible list to a\nposition in the competitive class shall be made by the selection of one\nof the three persons certified by the appropriate civil service\ncommission as standing highest on such eligible list who are willing to\naccept such appointment or promotion; provided, however, that the state\nor a municipal commission may provide, by rule, that where it is\nnecessary to break ties among eligibles having the same final\nexamination ratings in order to determine their respective standings on\nthe eligible list, appointment or promotion may be made by the selection\nof any eligible whose final examination rating is equal to or higher\nthan the final examination rating of the third highest standing eligible\nwilling to accept such appointment or promotion. Appointments and\npromotions shall be made from the eligible list most nearly appropriate\nfor the position to be filled.\n 2. Prohibition against out-of-title work. No person shall be\nappointed, promoted or employed under any title not appropriate to the\nduties to be performed and, except upon assignment by proper authority\nduring the continuance of a temporary emergency situation, no person\nshall be assigned to perform the duties of any position unless he has\nbeen duly appointed, promoted, transferred or reinstated to such\nposition in accordance with the provisions of this chapter and the rules\nprescribed thereunder. No credit shall be granted in a promotion\nexamination for out-of-title work.\n 3. Notification to eligible candidates. Persons on an eligible list\nwho are certified pursuant to section sixty of this chapter and are\nconsidered and not selected for appointment or promotion pursuant to\nthis section shall, whenever another candidate is appointed or promoted,\nbe given or sent written notice by the appointing authority of such\nnon-selection. In a city containing more than one county, persons on an\neligible list who are made ineligible for further certification pursuant\nto a rule of the appropriate municipal commission shall be given or sent\nwritten notice of such ineligibility. Sending written notice by ordinary\nmail to the last address of record shall be adequate to comply with the\nrequirements of this subdivision.\n