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Home » US Law » 2022 New York Laws » Consolidated Laws » MIL - Military » Article 8 - The New York Guard » 165 – Organization, Order to and Relief From Active Duty or Active Service.
§ 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.