N.Y. MIL Law § 6

§ 6. Ordering organized militia into active state service. 1. The\ngovernor shall have power, in case of invasion, disaster, insurrection,\nriot, breach of the peace, or imminent danger thereof, to order into the\nactive service of the state for such period, to such extent and in such\nmanner as he may deem necessary all or any part of the organized\nmilitia. Such power shall include the power to order the organized\nmilitia or any part thereof to function under the operational control of\nthe United States army, navy or air force commander in charge of the\ndefense of any area within the state which is invaded or attacked or is\nor may be threatened with invasion or attack.\n 2. Upon the request of the sheriff of a county, or in the county of\nNassau the county executive or the mayor of a city, whenever it shall be\nmade to appear to the governor that there is a breach of the peace,\nriot, resistance to process of this state or disaster or imminent danger\nthereof, the governor may order into the active service of the state,\nfor such period, to such extent and in such manner as he may deem\nnecessary all or any part of the organized militia. The compensation of\nall officers and enlisted men, while on duty or assembled pursuant to\nthis subdivision, and all expenses incurred in connection with such duty\nor as a result thereof shall be paid in the manner prescribed by section\ntwo hundred twelve of this chapter.\n