N.Y. Military Law § 76: Efficiency or fitness examining boards and medical examining boards; procedure

§ 76. Efficiency or fitness examining boards and medical examining

boards; procedure. Efficiency or fitness examining boards and medical

examining boards appointed by the governor are hereby vested with the

powers and immunities of courts of inquiry and courts-martial. Such

boards shall follow the practice and procedure prescribed by regulations

issued pursuant to this chapter. Any officer ordered to appear before

such a board shall be allowed to appear in person or by counsel, if

provided by him at his own expense, to cross-examine witnesses and to

call witnesses on his behalf. He shall at all stages of the proceeding

be allowed full access to records pertinent to his case and be furnished

with copies of the same. Failure to appear before any such board shall

be sufficient ground for a finding by such board that the officer

ordered to appear be discharged. If the findings of any board appointed

by the governor or under applicable laws and regulations of the United

States are unfavorable to an officer and are approved as provided by

applicable laws and regulations of the state or United States, the

governor shall relieve the officer from duty and may discharge him in

such manner and form as the governor may deem appropriate; or, in the

discretion of the governor, such officer may be transferred to the state

reserve list or the state retired list in accordance with the provisions

of this chapter.