N.Y. Military Law § 1: Definitions

§ 1. Definitions. As used in this chapter:

1. The terms "New York national guard" and "national guard" shall mean

the New York army national guard and the New York air national guard.

2. The term "naval militia" shall mean the New York naval militia.

3. The terms "military" and "military and naval" shall mean army or

land, air or air force, space force or space and navy or naval.

4. The terms "military or naval" and "military (including air) or

naval" shall mean army or land, air or air force, space force or space

or navy or naval.

5. The term "military service of the state" as to military personnel

shall mean service in or with a force of the organized militia or in the

division of military and naval affairs of the executive department of

the state. As to civilian personnel, it shall mean service in the

division of military and naval affairs and not in the civil service of

the state.

6. The terms "active service" and "active duty" shall mean military

duty in or with a force of the organized militia (not including the

inactive national guard and not including the New York guard when in an

inactive status) or in the division of military and naval affairs of the

executive department of the state, either in a full time status or in a

part-time status, depending upon the conditions under which the duty is

performed.

7. The term "on the active list" shall mean on the rolls of a force of

the organized militia, not including the inactive national guard and not

including the New York guard when in an inactive status.

8. The terms "active military service of the United States" and "in

the armed forces of the United States" shall mean full time duty in the

army, navy, marine corps, air force, space force or coast guard of the

United States.

9. The term "force of the organized militia" shall mean, severally,

the army national guard, the air national guard, the New York naval

militia, the New York guard when organized, and such additional forces

as may be created by the governor pursuant to section two of this

chapter.

10. The terms "commissioned officer" and "officer" shall mean male

commissioned officer, female commissioned officer appointed to serve as

a nurse or medical specialist, or other female commissioned officer,

otherwise qualified, when authorized by federal statute. The terms "he",

"his" and "him", when used with relation to "commissioned officer" or

"officer" shall also mean she, hers and her, respectively.

11. The term "warrant officer" shall mean male commissioned warrant

officer or male warrant officer, or female commissioned warrant officer

or female warrant officer, otherwise qualified, when authorized by

federal statute. The terms "he", "his" and "him", when used with

relation to the term "warrant officer" shall also mean she, hers and

her, respectively.

12. The terms "enlisted personnel" and "enlisted person" shall mean

male enlisted personnel and male enlisted person respectively, and

female enlisted personnel and female enlisted person, otherwise

qualified, when authorized by federal statute. The terms "he", "his" and

"him", when used with relation to "enlisted personnel" and "enlisted

person" shall also mean she, hers and her, respectively.