2013 New York Consolidated Laws
MIL - Military
Article 2 - (40 - 52) THE ORGANIZED MILITIA
40 - Appointment of commanders.

 
    § 40. Appointment of commanders. 1. The commanding generals of the New
  York  army  national  guard and the New York guard, the commander of the
  New York air national guard and the commanding officer of the  New  York
  naval  militia shall be appointed by the governor and shall hold command
  at the pleasure of the  governor.  They  shall  be  responsible  to  the
  governor for the military efficiency of their respective forces.
    2.  The  New  York army national guard shall be commanded by a general
  officer who shall be  federally  recognized  or  qualified  for  federal
  recognition in a grade not below that of major general.
    3.  The  New  York  air national guard shall be commanded by a general
  officer who shall be  federally  recognized  or  qualified  for  federal
  recognition  in a grade not below that of brigadier general, and who has
  received an aeronautical rating.
    4. The organized militia shall be commanded by the adjutant general to
  the governor, subject to the orders of the governor.