Section 435. Qualifications of state reporter and deputies

No one shall be
  appointed to the office of state reporter or of  deputy  state  reporter
  who  is  not an attorney and counselor of this state; provided, however,
  that the limitation contained herein with respect to appointment to  the
  office  of  deputy  state reporter shall not apply to any deputy supreme
  court reporter or assistant supreme court reporter transferred from  the
  office  of  the  supreme  court  reporter to the law reporting bureau in
  accordance with the direction contained in section six of  chapter  four
  hundred ninety-four of the laws of nineteen hundred thirty-eight.