2006 New York Code - Resignations.

 
    § 77. Resignations.    1.  A  commissioned  officer  of  the organized
  militia may tender his resignation at any time to the governor.  If  the
  governor  shall  accept  the  resignation,  the officer shall receive an
  honorable discharge but if the officer tendering his  resignation  shall
  be  under  arrest  or if charges have been preferred against him for the
  commission of an offense punishable by a court-martial, he may be  given
  a discharge in such form as the governor may direct.
    2.  Enlistment  in  the regular army, air force, navy, marine corps or
  coast guard of the United States shall be deemed a  resignation  by  the
  person so enlisting of all commissions in the militia held by him.
    3.  The  acceptance  of a commission in the organized militia shall be
  deemed a resignation by the person  accepting  the  same  of  any  other
  commission held by him in the militia.