§ 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.