2013 New York Consolidated Laws
MIL - Military
Article 2 - (40 - 52) THE ORGANIZED MILITIA
48 - Organization of militia units.

 
    § 48. Organization  of  militia units.  The governor shall conform the
  organization of the New York national  guard  and  the  New  York  naval
  militia,  including  the  composition  of  all  units  thereof,  to  the
  organization of national guard and naval militia units prescribed by the
  laws of the United States and the regulations issued  thereunder.    For
  that purpose, the governor is hereby authorized to organize, reorganize,
  inactivate  or  disband  any  unit,  headquarters  or  staff therein; to
  increase or decrease the number of commissioned  officers,  commissioned
  warrant  officers,  warrant officers and enlisted personnel of any grade
  therein; and to increase or  decrease  the  strength  of  the  New  York
  national  guard  and  the  New  York  naval  militia;  provided, that no
  organization of the New York national guard the members of  which  shall
  be entitled to and shall have received compensation under the applicable
  laws  of the United States shall be disbanded without the consent of the
  president of the United States, nor, without  such  consent,  shall  the
  commissioned  or  enlisted  strength of any organization in the New York
  national guard be reduced below the minimum  that  shall  be  prescribed
  therefor by the president of the United States.