[Statutory authority: Civil Service Law, §7 ] A test, stated in the announcement to be planned part of an examination, may nevertheless be waived and the eligible list established on the basis of scores in the other announced competitively rated part or parts of the examination when the number of candidates successful in the preceding part or parts of the examination does not exceed by more than two the number of vacancies to be filled from such eligible list which exist at the time of the establishment of the eligible list.
N.Y. Comp. Codes R. & Regs. Tit. 4 § 66.3