NY Mil L § 20 (2021)
2021 New York Laws MIL - Military Article 1 - The Militia of the State 20 - State Reserve List.

§ 20. State  reserve  list.  1. Any commissioned or warrant officer of   the organized militia may be transferred to the state  reserve  list  on   his  own  request  approved  by the commander of the force of which such   officer is a member.2. Any commissioned or warrant officer of the  organized  militia  who   has  tendered his resignation or has been rendered surplus by reduction,   disbandment or  reorganization  of  a  unit  or  denial,  withdrawal  or   termination  of  his federal recognition or for any other reason, unless   transferred to the inactive national guard may be relieved from duty  or   command and may be transferred to the state reserve list.3.  Any  person who has served as a commissioned or warrant officer in   the organized militia or in the armed forces of the  United  States  and   (a)  has  been  honorably  discharged therefrom, or (b) has a qualifying   condition, as defined in section three hundred fifty  of  the  executive   law, and has received a discharge other than bad conduct or dishonorable   from  such  service,  or (c) is a discharged LGBT veteran, as defined in   section three hundred fifty of the executive law,  and  has  received  a   discharge  other than bad conduct or dishonorable from such service, may   be commissioned and placed on the state  reserve  list  in  the  highest   grade previously held by him after complying with such conditions as may   be prescribed by regulations issued pursuant to this chapter.4.  Upon  the  recommendation  of  the  adjutant  general, any officer   eligible to be transferred to or placed  upon  the  state  reserve  list   under  the  provisions  of  this  section,  who  has served for at least   twenty-five years in the organized militia or in the armed forces of the   United States or in two or more of such forces  combined  for  at  least   twenty-five years may be transferred to or placed upon the state reserve   list  by the governor in a grade one grade higher than the highest grade   previously held by him; provided  that  at  least  five  years  of  such   service  shall  have  been  in  the organized militia. In computing such   twenty-five year period, service as an enlisted man shall be counted.5. Upon the recommendation of the adjutant general, the  governor  may   order any person on the state reserve list to active duty in or with the   organized  militia  for  periods  of  not more than three months each in   which case such person shall rank in his grade from  the  date  of  such   order.6.  Time  spent on the state reserve list shall not be credited in the   computation of seniority,  pay,  length  of  service  for  promotion  or   otherwise,  or  retirement  or  any  of  the  privileges  and exemptions   pertaining thereto, except that the  time  during  which  he  served  on   active duty by order of the governor shall be so credited.7.  The  provisions  of  this  chapter  relative  to  the resignation,   retirement,  court-martial,  dismissal  and  discharge  of  commissioned   officers  and  warrant  officers  of  the  organized  militia  including   discharge on the findings of an efficiency or  medical  examining  board   shall  be  applicable  to  officers  and  warrant  officers on the state   reserve list.8. A commissioned officer or warrant officer on the state reserve list   may be dropped from the rolls if he fails to  report  to  the  chief  of   staff  of the state as prescribed by regulations issued pursuant to this   chapter.