The Chief Administrator of the Courts may conduct an open competitive examination for filling a vacancy or vacancies instead of a promotion examination. Any employee or employee organization may submit to the Chief Administrator a request, in writing, for a promotion examination, rather than an open competitive examination, stating the reasons why it is practicable and in the public interest to fill the vacancy by promotion examination.
N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.14