N.Y. Military Law § 40: Appointment of commanders

§ 40. Appointment of commanders. 1. The commanding generals of the New

York army national guard and the New York guard, the commander of the

New York air national guard and the commanding officer of the New York

naval militia shall be appointed by the governor and shall hold command

at the pleasure of the governor. They shall be responsible to the

governor for the military efficiency of their respective forces.

2. The New York army national guard shall be commanded by a general

officer who shall be federally recognized or qualified for federal

recognition in a grade not below that of major general.

3. The New York air national guard shall be commanded by a general

officer who shall be federally recognized or qualified for federal

recognition in a grade not below that of brigadier general, and who has

received an aeronautical rating.

4. The organized militia shall be commanded by the adjutant general to

the governor, subject to the orders of the governor.