N.Y. MIL Law § 165

§ 165. Organization, order to and relief from active duty or active\nservice. 1. The New York guard may be created, organized, established\nand maintained in the discretion of the governor at any time when such\naction is not prohibited under the laws of the United States. Except\nwhen on active duty or active service or when converted into an active\nforce, as provided in this chapter, the units, commands, headquarters,\nstaffs, cadres and members of the New York guard shall be organized and\nmaintained in an inactive status.\n 2. The units, commands, headquarters, staffs, cadres or members of the\nNew York guard may be ordered to active duty by the governor for such\nperiod and purposes, to such extent and under such conditions as he may\ndeem necessary. They may be ordered into the active service of the state\npursuant to the provisions of section six of this chapter. When any\nsuch member is ordered to active duty or active service, he shall rank\nin his grade from the date of such order. Such units, commands,\nheadquarters, staffs, cadres or members may be relieved from active duty\nor active service or inactivated in the discretion of the governor.\n 3. The New York guard may be converted into an active force, and it\nmay be reconverted into a reserve force in the discretion of the\ngovernor.\n 4. The units, commands, headquarters, staffs, cadres and members of\nthe New York guard shall be organized, armed, equipped, disciplined,\ngoverned, administered and trained as prescribed by this chapter and the\nregulations issued hereunder and in conformance with applicable laws of\nthe United States.\n 5. In his discretion, the New York guard or any unit, command,\nheadquarters, staff or cadre thereof may be disbanded by the governor.\n (6) There shall be no restriction to the appointment of females as\nofficers or warrant officers or the enlisting of females in the New York\nGuard provided such female personnel are qualified under the provisions\nof this chapter.\n