RISING STAR ! The ultimate source to ace your NYPD Sergeant, Lieutenant, and Captain Exam Visit www.RisingStarPromotion.com to subscribe to our mailing list and get info on the next Sgt, Lt. or Captain Exam!

Very interesting info here.  It dosen't state anywhere that you can't have two list at the same time.  It also states that if there is 3 or less on the old list the new one become active even if the first list is less then a year old.




SECTION VI--ELIGIBLE LISTS

4.6.1. Establishment of Lists.

(a) The provisions of this section shall apply to examinations conducted by the department of citywide administrative services and by examining agencies.

(b) The results of each examination shall be reported by the assistant commissioner for civil service administration or by the head of the examining agency, as the case may be, to the commissioner of citywide administrative services and the names of the candidates passing such examination shall be listed in the order of their respective final examination ratings. The names of disabled and non-disabled veterans who have duly established claims to additional credits shall be reported in the manner prescribed by law.

(c) The list thus reported shall be officially established only by order of the commissioner of citywide administrative services. The date prescribed in such order shall be the date of such establishment.

4.6.2. Terms and Conditions.

An eligible list may be established subject to the conduct of such medical, physical, or other appropriate non-competitive qualifying tests, investigations and conditions as may be deemed appropriate by the commissioner of citywide administrative services.

4.6.3. Publication of Established Lists.

An established eligible list shall be published as soon as practicable after establishment. Upon the establishment of an open competitive eligible list notification thereof shall be published as soon as practicable thereafter stating the title of the examination, the examination number, the number of passing candidates, the date of establishment, and such other information as the commissioner of citywide administrative services shall prescribe.

4.6.4. Notification to Candidates.

Unless otherwise provided for in the notice of examination with respect to a continuing eligible list, the commissioner of citywide administrative services, upon the establishment of an eligible list, shall notify each candidate of the candidate's ratings and, if the candidate has received a passing final examination rating, of the numerical place on such list. Any candidate rejected for reasons other than failure to attain a passing final examination rating shall be advised of such reasons.

4.6.5. Inspection of Examination Papers.

Except as otherwise provided by the commissioner of citywide administrative services, candidates may personally inspect their examination papers at the offices of the department of citywide administrative services, or the examining agency, as the case may be, at specified times in the presence of employees designated by the commissioner of citywide administrative services or by the head of the examining agency.

4.6.6. Duration of Eligible Lists.

(a) The duration of either an open competitive or promotion eligible list shall be not less than one nor more than four years from the date of establishment.

(b) Unless otherwise provided, an eligible list which has been in existence for one year or more shall terminate upon the establishment of an appropriate subsequent like list for the same title.

(c) Where the duration of an eligible list is fixed in the announcement of examination at less than four years, the commissioner of citywide administrative services may by resolution prior to the expiration date of such list extend the duration of such list up to the maximum limitation of four years, provided that such announcement of examination states that such extension may be made.

(d) The commissioner of citywide administrative services may also by resolution prior to the expiration date of an eligible list extend the duration of such list as provided for in section fifty-six of the civil service law, as amended by section one of chapter four hundred and forty-three of the laws of nineteen hundred and seventy-six.

SECTION VII--CERTIFICATION OF ELIGIBLE LISTS AND SELECTION THEREFROM

4.7.1. General Provisions.

(a) The provisions of this section shall apply to the certification of eligible lists by the commissioner of citywide administrative services or, in the case of classes of positions unique to an agency, the certification of eligible lists for such classes by the agency head.

(b) Appointments or promotions shall be made from the established list most nearly appropriate for the position to be filled, as determined by the commissioner of citywide administrative services.

(c) Appointment or promotion from an established eligible list to a position in the competitive class shall be made by the selection of one of the three persons certified by the commissioner of citywide administrative services or the head of the certifying agency, as the case may be, as standing highest on such established list who are qualified and willing to accept such appointment or promotion. Where applicable, such selection shall be made as provided for in paragraph 4.4.12 of these rules.

(d) The rating of each eligible shall be stated in the certification.

(e) The agency head may review the examination application and records of each certified eligible at the office of the department of citywide administrative services.

4.7.2. Existing Eligible Lists.

(a) When an eligible list has been in existence for less than one year and contains the names of less than three eligibles willing to accept appointment, and a new list for the same position or group of positions is established, the names of the eligibles remaining on the old list shall have preference in certification over the new list until such old list is one year old. During such period such names shall be certified along with enough names from the new list to provide a sufficient number of eligibles from which selection may be made.

(b) 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 commissioner of citywide administrative services may certify or may authorize the head of the certifying agency to certify the names on the old list along with enough names from the new list to provide a sufficient number of eligibles from which selection may be made.

(c) Agency and city-wide promotion eligible lists shall not be certified for an agency until after the promotion unit eligible lists for that agency, if any, have been exhausted.