N.Y. MIL Law § 169

§ 169. Resumption of membership in organized militia by national\nguardsmen on return from active federal service. Upon their release\nfrom the service of the United States, the commissioned officers,\nwarrant officers and enlisted personnel of the New York national guard\nwho have been in the active military service of the United States under\na call or order into such service, shall resume their membership in the\norganized militia subject to the provisions of this section. Such\ncommissioned officers and warrant officers shall thereupon resume their\nstatus as commissioned officers or warrant officers in the New York\nnational guard in the grades held by them when ordered or called into\nthe active military service of the United States or in any higher grade\nwhich they may have attained while in such service, provided such grades\nare available under the tables of organization prescribed by federal\nregulations. If no vacancies are available under federal tables of\norganizations, such officers, if qualified, may be transferred to the\ninactive national guard, or to the state reserve list in the grade which\nthey may have held or attained in the active military service of the\nUnited States. Such enlisted personnel shall continue to serve in the\nNew York national guard until the dates upon which their enlistments\nentered into prior to their order or call would have expired if\nuninterrupted by such federal service. Enlisted personnel shall resume\nthe grades held by them when ordered or called into the active military\nservice of the United States or any higher grade which they may have\nattained while in such service. So far as practicable the personnel\nthus released from the active military service of the United States\nshall be returned to their former organizations. Upon the return of\nsuch personnel to their former organizations, the personnel of the New\nYork guard rendered surplus by corresponding reductions in the size of\ntheir units may, in the discretion of the governor, be discharged or\nplaced upon the state reserve list or state retired list.\n