The noncompetitive class shall include all positions that are not in the exempt class or the labor class and for which it is found by the Chief Administrator of the Courts not to be practicable to ascertain the merit and fitness of applicants by competitive examination. Appointments to positions in the noncompetitive class shall be made after such noncompetitive examination as is prescribed by the Chief Administrator.
N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.9