N.Y. Military Law § 71: Qualifications

§ 71. Qualifications. No person shall be appointed or promoted as a

commissioned officer of the organized militia unless he shall have

passed such examination as to his physical, moral and professional

qualifications as may be prescribed by the laws of the United States and

by this chapter and the regulations issued thereunder. No person shall

be recognized as a commissioned officer of the organized militia and no

appointment as such shall become effective until he shall have taken and

subscribed an oath of office.

Any person who has been dismissed or dishonorably discharged from the

organized militia of this or any other state or from the armed forces of

the United States and has not been restored to duty or any commissioned

officer who was discharged from the organized militia as a result of the

findings of an efficiency examining board or whose resignation from the

organized militia was accepted by the governor at a time when such

officer was under arrest or under charges for the commission of an

offense punishable by a court-martial shall not be eligible for

appointment as a commissioned officer in any force of the organized

militia.