N.Y. Military Law § 77: Resignations

§ 77. Resignations. 1. A commissioned officer of the organized

militia may tender his resignation at any time to the governor. If the

governor shall accept the resignation, the officer shall receive an

honorable discharge but if the officer tendering his resignation shall

be under arrest or if charges have been preferred against him for the

commission of an offense punishable by a court-martial, he may be given

a discharge in such form as the governor may direct.

2. Enlistment in the regular army, air force, navy, marine corps or

coast guard of the United States shall be deemed a resignation by the

person so enlisting of all commissions in the militia held by him.

3. The acceptance of a commission in the organized militia shall be

deemed a resignation by the person accepting the same of any other

commission held by him in the militia.