N.Y. MIL Law § 48

§ 48. Organization of militia units. The governor shall conform the\norganization of the New York national guard and the New York naval\nmilitia, including the composition of all units thereof, to the\norganization of national guard and naval militia units prescribed by the\nlaws of the United States and the regulations issued thereunder. For\nthat purpose, the governor is hereby authorized to organize, reorganize,\ninactivate or disband any unit, headquarters or staff therein; to\nincrease or decrease the number of commissioned officers, commissioned\nwarrant officers, warrant officers and enlisted personnel of any grade\ntherein; and to increase or decrease the strength of the New York\nnational guard and the New York naval militia; provided, that no\norganization of the New York national guard the members of which shall\nbe entitled to and shall have received compensation under the applicable\nlaws of the United States shall be disbanded without the consent of the\npresident of the United States, nor, without such consent, shall the\ncommissioned or enlisted strength of any organization in the New York\nnational guard be reduced below the minimum that shall be prescribed\ntherefor by the president of the United States.\n