N.Y. Military Law § 70: Appointment of commissioned officers

§ 70. Appointment of commissioned officers. 1. All commissioned

officers of the organized militia shall be appointed and promoted by the

governor upon recommendation of the commanding general or the commanding

officer of the force in which such officers are to serve.

2. General officers above the grade of brigadier-general and flag

officers above the grade of commodore shall be appointed and promoted by

the governor with the consent of the senate. During the time that the

senate is not in session the governor may make such appointment subject

to subsequent confirmation by the senate.