2013 New York Consolidated Laws
MIL - Military
Article 3 - (70 - 80) OFFICERS OF THE ORGANIZED MILITIA
71 - Qualifications.

 
    § 71. Qualifications.    No person shall be appointed or promoted as a
  commissioned officer of the  organized  militia  unless  he  shall  have
  passed  such  examination  as  to  his  physical, moral and professional
  qualifications as may be prescribed by the laws of the United States and
  by this chapter and the regulations issued thereunder.  No person  shall
  be  recognized as a commissioned officer of the organized militia and no
  appointment as such shall become effective until he shall have taken and
  subscribed an oath of office.
    Any person who has been dismissed or dishonorably discharged from  the
  organized militia of this or any other state or from the armed forces of
  the  United States and has not been restored to duty or any commissioned
  officer who was discharged from the organized militia as a result of the
  findings of an efficiency examining board or whose resignation from  the
  organized  militia  was  accepted  by  the  governor at a time when such
  officer was under arrest or under  charges  for  the  commission  of  an
  offense  punishable  by  a  court-martial  shall  not  be  eligible  for
  appointment as a commissioned officer in  any  force  of  the  organized
  militia.