N.Y. Military Law § 165: Organization, order to and relief from active duty or active service

§ 165. Organization, order to and relief from active duty or active

service. 1. The New York guard may be created, organized, established

and maintained in the discretion of the governor at any time when such

action is not prohibited under the laws of the United States. Except

when on active duty or active service or when converted into an active

force, as provided in this chapter, the units, commands, headquarters,

staffs, cadres and members of the New York guard shall be organized and

maintained in an inactive status.

2. The units, commands, headquarters, staffs, cadres or members of the

New York guard may be ordered to active duty by the governor for such

period and purposes, to such extent and under such conditions as he may

deem necessary. They may be ordered into the active service of the state

pursuant to the provisions of section six of this chapter. When any

such member is ordered to active duty or active service, he shall rank

in his grade from the date of such order. Such units, commands,

headquarters, staffs, cadres or members may be relieved from active duty

or active service or inactivated in the discretion of the governor.

3. The New York guard may be converted into an active force, and it

may be reconverted into a reserve force in the discretion of the

governor.

4. The units, commands, headquarters, staffs, cadres and members of

the New York guard shall be organized, armed, equipped, disciplined,

governed, administered and trained as prescribed by this chapter and the

regulations issued hereunder and in conformance with applicable laws of

the United States.

5. In his discretion, the New York guard or any unit, command,

headquarters, staff or cadre thereof may be disbanded by the governor.

(6) There shall be no restriction to the appointment of females as

officers or warrant officers or the enlisting of females in the New York

Guard provided such female personnel are qualified under the provisions

of this chapter.