N.Y. Military Law § 80: Tenure of commissioned officers

§ 80. Tenure of commissioned officers. No commissioned officer shall

be involuntarily discharged or dismissed from the service, unless by the

senate on the recommendation of the governor, stating the grounds for

such recommendation; or by the sentence of a court-martial; or upon the

findings of an examining board appointed pursuant to section

seventy-five of this chapter; or, as provided by section seventy-eight

of this chapter, for absence without leave for a period of three months;

provided, however, that a commissioned officer may be transferred to the

state reserve list or state retired list as provided by section twenty

and section twenty-one of this chapter, respectively.