New York Consolidated Laws, Military Law - MIL § 165. Organization, order to and relief from active duty or active service

1. The New York guard may be created, organized, established and maintained in the discretion of the governor at any time when such action is not prohibited under the laws of the United States.  Except when on active duty or active service or when converted into an active force, as provided in this chapter, the units, commands, headquarters, staffs, cadres and members of the New York guard shall be organized and maintained in an inactive status.

2. The units, commands, headquarters, staffs, cadres or members of the New York guard may be ordered to active duty by the governor for such period and purposes, to such extent and under such conditions as he may deem necessary.  They may be ordered into the active service of the state pursuant to the provisions of section six of this chapter.  When any such member is ordered to active duty or active service, he shall rank in his grade from the date of such order.  Such units, commands, headquarters, staffs, cadres or members may be relieved from active duty or active service or inactivated in the discretion of the governor.

3. The New York guard may be converted into an active force, and it may be reconverted into a reserve force in the discretion of the governor.

4. The units, commands, headquarters, staffs, cadres and members of the New York guard shall be organized, armed, equipped, disciplined, governed, administered and trained as prescribed by this chapter and the regulations issued hereunder and in conformance with applicable laws of the United States.

5. In his discretion, the New York guard or any unit, command, headquarters, staff or cadre thereof may be disbanded by the governor.

(6) There shall be no restriction to the appointment of females as officers or warrant officers or the enlisting of females in the New York Guard provided such female personnel are qualified under the provisions of this chapter.