2006 New York Code - Appointment Of Commissioned Officers.

 
    § 70. Appointment  of  commissioned  officers.    1.  All commissioned
  officers of the organized militia shall be appointed and promoted by the
  governor upon recommendation of the commanding general or the commanding
  officer of the force in which such officers are to serve.
    2. General officers above the  grade  of  brigadier-general  and  flag
  officers above the grade of commodore shall be appointed and promoted by
  the  governor  with  the consent of the senate. During the time that the
  senate is not in session the governor may make such appointment  subject
  to subsequent confirmation by the senate.