Formal Opinion No.

Hon. Douglas H. White Commissioner New York State Division of Human Rights

You have requested an opinion as to the correct interpretation and application of Civil Service Law, § 23 (4) (a). That subdivision, in part, authorizes the appointing authority of a department or agency of a city or civil division to require that candidates on an eligible list who are residents of the city or civil division be certified first for appointment — i.e., in advance of non-resident eligibles. It continues as follows: "Upon exhaustion of the list of such resident eligibles, certification shall be made from…