N.Y. MIL Law § 167

§ 167. Assignment and transfer of officers to the New York guard.\nNotwithstanding any contrary provision of law, upon the recommendation\nof the adjutant general:\n 1. The governor may order any person on the state reserve list or on\nthe state retired list to duty with the New York guard in an inactive\nstatus, in which case such person shall rank in his grade from the date\nof such order; such person may be relieved from such duty and may be\nreturned to the state reserve list or state retired list in the\ndiscretion of the governor; such person may be ordered to active duty or\nactive service with any unit, command, headquarters, staff or cadre of\nthe New York guard which is on active duty or active service, in which\ncase he shall rank in his grade from the date of such order.\n 2. The governor may assign, transfer or detail in his grade in\naddition to his other duties, any person holding a commission or\nappointment as a commissioned officer or warrant officer in the New York\narmy national guard or New York air national guard to duty with the New\nYork guard or any unit, command, headquarters, staff or cadre thereof\nand such persons may be relieved or transferred from such assignment,\nduty or detail in the discretion of the governor.\n