N.Y. Military Law § 6: Ordering organized militia into active state service

§ 6. Ordering organized militia into active state service. 1. The

governor shall have power, in case of invasion, disaster, insurrection,

riot, breach of the peace, or imminent danger thereof, to order into the

active service of the state for such period, to such extent and in such

manner as he may deem necessary all or any part of the organized

militia. Such power shall include the power to order the organized

militia or any part thereof to function under the operational control of

the United States army, navy or air force commander in charge of the

defense of any area within the state which is invaded or attacked or is

or may be threatened with invasion or attack.

2. Upon the request of the sheriff of a county, or in the county of

Nassau the county executive or the mayor of a city, whenever it shall be

made to appear to the governor that there is a breach of the peace,

riot, resistance to process of this state or disaster or imminent danger

thereof, the governor may order into the active service of the state,

for such period, to such extent and in such manner as he may deem

necessary all or any part of the organized militia. The compensation of

all officers and enlisted men, while on duty or assembled pursuant to

this subdivision, and all expenses incurred in connection with such duty

or as a result thereof shall be paid in the manner prescribed by section

two hundred twelve of this chapter.