reglab/statecodes huggingface dataset:
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.19 - Special Jurisdiction.

§ 83.19 Special jurisdiction.
(a)  A court of this state lacking jurisdiction under section 83.17 of
this article has special jurisdiction to do any of the following:
1. appoint a guardian of the person in an emergency  for  a  term  not
exceeding ninety days for a respondent who is physically present in this
state;
2.  issue  a  protective  order  with  respect  to  a real or tangible
personal property located in this state; and
3. appoint a guardian of the person or a guardian of the property  for
a person subject to a guardianship of the person or protected person for
whom a provision order to transfer the proceeding from another state has
been issued under procedures similar to section 83.31 of this article.
(b)  If  a petition for the appointment of a guardian of the person in
an emergency is brought in  this  state  and  this  state  was  not  the
respondent's  home  state  on the date the petition was filed, the court
shall dismiss the proceeding at the request of the  court  of  the  home
state,  if  any,  whether  dismissal  is  requested  before or after the
emergency appointment.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.21 - Exclusive and Continuing Jurisdiction.

§ 83.21 Exclusive and continuing jurisdiction.
Except as otherwise provided in section 83.19 of this article, a court
  that has appointed a guardian of the person or issued a protective order
  consistent  with  this article has exclusive and continuing jurisdiction
  over the proceedings  until  it  is  terminated  by  the  court  or  the
  appointment or order expires by its own terms.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.23 - Appropriate Forum.

§ 83.23 Appropriate forum.
(a)  A  court of this state having jurisdiction under section 83.17 of
this article to appoint a guardian of the person or issue  a  protective
order  may  decline to exercise its jurisdiction if it determines at any
time that a court of another state is a more appropriate forum.
(b) If a court of this state declines  to  exercise  its  jurisdiction
under  subdivision  (a) of this section, it shall either dismiss or stay
the proceeding. The court may impose any condition the  court  considers
just  and  proper,  including  the  condition  that  a  petition for the
appointment of a guardian of the person  or  issuance  of  a  protective
order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall
consider all relevant factors, including:
1. any expressed preference of the respondent;
2.  whether  abuse,  neglect  or  exploitation  of  the respondent has
occurred or is likely to occur, and which state could best  protect  the
respondent from the abuse, neglect or exploitation;
3.  the length of time the respondent was physically present in or was
a legal resident of this or another state;
4. the distance of the respondent from the court in each state;
5. the financial circumstances of the respondent's estate;
6. the nature and location of the evidence;
7. the ability of  the  court  in  each  state  to  decide  the  issue
expeditiously and the procedures necessary to present evidence;
8.  the  familiarity  of  the  court  of each state with the facts and
issues in the proceeding; and
9. if an appointment were made, the court's  ability  to  monitor  the
conduct of the guardian or conservator.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.25 - Jurisdiction Declined by Reason of Conduct.

§ 83.25 Jurisdiction declined by reason of conduct.
(a)  If  at any time a court of this state determines that it acquired
jurisdiction to appoint a guardian of the person or issue  a  protective
order because of unjustifiable conduct, the court may:
1. decline to exercise jurisdiction;
2.  exercise  jurisdiction  for  the  limited purpose of fashioning an
appropriate remedy to ensure the  health,  safety  and  welfare  of  the
respondent,  or the protection of the respondent's property or prevent a
repetition  of  the  unjustifiable  conduct,   including   staying   the
proceeding  until  a  petition  for the appointment of a guardian of the
person or issuance of a protective order is filed in a court of  another
state having jurisdiction; or
3. continue to exercise jurisdiction after considering:
(i)  the extent to which the respondent and all persons required to be
notified of the proceedings have  acquiesced  in  the  exercise  of  the
court's jurisdiction;
(ii)  whether  it  is  a  more appropriate forum than the court of any
other state under the factors set forth in subdivision  (c)  of  section
83.23 of this article; and
(iii)  whether  the  court  of any other state would have jurisdiction
under  factual  circumstances  in  substantial   conformity   with   the
jurisdictional standards of section 83.17 of this article.
(b)  If a court of this state determines that it acquired jurisdiction
to appoint a guardian of the person or issue a protective order  because
a  party  seeking  to  invoke  its jurisdiction engaged in unjustifiable
conduct, it may assess  against  that  party  necessary  and  reasonable
expenses,  including  attorney's  fees, investigative fees, court costs,
communication expenses, witness fees and expenses, and travel  expenses.
The  court  may  not  assess fees, costs or expenses of any kind against
this state or a governmental subdivision, agency or  instrumentality  of
this state unless authorized by law other than this article.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.27 - Notice of Proceeding.

§ 83.27 Notice of proceeding.
If  a  petition  for  the  appointment  of a guardian of the person or
  issuance of a protective order is brought in this state and  this  state
  was  not the respondent's home state on the date the petition was filed,
  in addition to complying with the notice  requirements  of  this  state,
  notice  of  the  petition  must  be  given to those persons who would be
  entitled to notice of the petition if a proceeding were brought  in  the
  respondent's  home state. The notice must be given in the same manner as
  notice is required to be given in this state.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.29 - Proceedings in More Than One State.

§ 83.29 Proceedings in more than one state.
Except  for a petition for the appointment of a guardian of the person
in an emergency or issuance of a protective order  limited  to  property
located  in  this state under paragraph one or two of subdivision (a) of
section 83.19 of this article, if a petition for the  appointment  of  a
guardian  of  the  person  or issuance of a protective order is filed in
this state and in another state and neither petition has been  dismissed
or withdrawn, the following rules apply:
(a) If the court in this state has jurisdiction under section 83.17 of
this  article,  it  may  proceed with the case unless a court in another
state acquires jurisdiction under provisions  similar  to  such  section
before the appointment or issuance of the order.
(b)  If  the  court  in  this  state  does not have jurisdiction under
section 83.17 of this article, whether at the time the petition is filed
or at any time before the appointment or  issuance  of  the  order,  the
court  shall  stay  the proceeding and communicate with the court in the
other state. If the court in the other state has jurisdiction, the court
in this state shall dismiss the petition unless the court in  the  other
state  determines  that  the  court  in this state is a more appropriate
forum.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.35 - Registration of Orders Appointing a Guardian of the Person.

§ 83.35 Registration of orders appointing a guardian of the person.
If  a  guardian  of  the  person  by whatever name designated has been
  appointed in another state and a  petition  for  the  appointment  of  a
  guardian of the person is not pending in this state, the guardian of the
  person  appointed  in  the  other  state,  after  giving  notice  to the
  appointing court of an intent to register, may register the guardianship
  of the person order in this state by filing as a foreign judgment  in  a
  court,  in any appropriate county of this state, certified copies of the
  order and letters of office.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.37 - Registration of Protective Orders.

§ 83.37 Registration of protective orders.
If  a guardian of the property has been appointed in another state and
  a petition for a protective order is not  pending  in  this  state,  the
  guardian  of  the  property  appointed  in the other state, after giving
  notice to the appointing court of an intent to  register,  may  register
  the  protective order in this state by filing as a foreign judgment in a
  court of this state, in any county in which property  belonging  to  the
  protected  person  is located, certified copies of the order and letters
  of office and of any bond. Thereafter, said  guardian  of  the  property
  shall comply with the requirements of subparagraph (vi) of paragraph six
  of  subdivision  (a)  of  section 81.20 of this title with regard to any
  real property of the protected person in this state.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.39 - Effect of Registration.

§ 83.39 Effect of registration.
(a)  Upon registration of an order appointing a guardian of the person
or protective order from another state, the guardian of  the  person  or
guardian  of  the  property  may  exercise  in  this  state  all  powers
authorized in the order of appointment or  protective  order  except  as
prohibited  under  the  laws  of  this state and, if the guardian of the
person or guardian of the property is not  a  resident  of  this  state,
subject to any conditions imposed upon nonresident parties.
(b)  A  court  of this state may grant any relief available under this
article and other law of this state to enforce a registered order.
(c) Notwithstanding  any  provision  of  law  to  the  contrary,  upon
registration  of  an  order  appointing  a  guardian  of  the  person or
protective order from another state,  the  guardian  of  the  person  or
guardian  of  the property, if so authorized in the order of appointment
or protective order, may commence and defend actions and proceedings  in
this state.
(d)  Upon  registration  of a protective order from another state, the
guardian of the property, if so authorized in the protective order,  may
petition  the  court  pursuant to article seventeen of the real property
actions and proceedings law, for  permission  to  dispose  of  the  real
property, or an interest in the real property, of the protected person.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.41 - Uniformity of Application and Construction.

§ 83.41 Uniformity of application and construction.
In  applying  and construing this article, consideration must be given
  to the need to promote uniformity of the law with respect to its subject
  matter among states that enact it.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.43 - Relation to Electronic Signatures in Global and National Commerce Act.

§ 83.43 Relation   to  electronic  signatures  in  global  and  national
commerce act.
This article modifies, limits and supersedes  the  federal  Electronic
  Signatures  in Global and National Commerce Act, 15 U.S.C. Section 7001,
  et seq., but does not modify, limit or supersede Section 101(c) of  such
  act, 15 U.S.C. Section 7001 (c), or authorize electronic delivery of any
  of  the  notices  described  in  Section  103(b)  of such act, 15 U.S.C.
  Section 7003(b).
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act › 83.45 - Transitional Provision.

§ 83.45 Transitional provision.
(a)  This  article  applies  to  proceedings  begun  on  or after this
article's effective date.
(b) Sections 83.01 through 83.05 and sections 83.31 through  83.43  of
this  article apply to proceedings begun before this article's effective
date, regardless of whether a guardianship or protective order has  been
issued.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 84 - New York Achieving a Better Life Experience Savings Account Act › 84.01 - Short Title.

§ 84.01 Short title.
This  article  shall  be  known  and  may  be  cited  as the "New York
  achieving a better life experience (NY ABLE) savings account act".
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 84 - New York Achieving a Better Life Experience Savings Account Act › 84.03 - Definitions.

§ 84.03 Definitions.
As used in this article:
1.  The term "financial organization" means an organization authorized
  to do business in the state of New York and which: (a)  is  licensed  or
  chartered  by  the  department of financial services; (b) is licensed or
  chartered by an agency of the federal government; or (c) is  subject  to
  the   jurisdiction   and  regulation  of  the  securities  and  exchange
  commission of the federal government.
2. "Account" or "NY ABLE account" shall  mean  an  individual  savings
  account established in accordance with the provisions of section 529A of
  the Internal Revenue Code.
3.  "Account  owner"  shall  mean a person who opens a savings account
  pursuant to the provisions of section 529A of the Internal Revenue Code,
  as amended, or any regulations promulgated thereunder. The account owner
  must also be the designated beneficiary of the account.
4. "Designated beneficiary" shall mean, with respect to an account  or
  accounts,  any  individual  who  is  an "eligible individual" as defined
  under paragraph (1) of subsection (e) of section 529A  of  the  Internal
  Revenue  Code  of  1986,  as  amended,  or  any  regulations promulgated
  thereunder and whose qualified expenses are expected to be paid from the
  account or accounts.
5. "Qualified expenses" shall mean any  qualified  disability  expense
  included  in  paragraph  (5)  of  subsection  (e) of section 529A of the
  Internal  Revenue  Code  of  1986,  as  amended,  or   any   regulations
  promulgated thereunder.
6.  "Nonqualified  withdrawal" shall mean a withdrawal from an account
  for other than a qualified expense, or a withdrawal made as  the  result
  of the death or disability of the designated beneficiary of an account.
7.  "Management  contract"  shall  mean  the  contract executed by the
  comptroller and a financial organization selected to act as a depository
  and manager of the program.
8. "Savings agreement" shall mean an agreement between the comptroller
  or a financial organization and the account owner.
9. "Program manager" shall mean a financial organization  selected  by
  the comptroller to act as a depository and manager of the program.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 84 - New York Achieving a Better Life Experience Savings Account Act › 84.07 - Ny Able Account Advisory Council.

§ 84.07 NY ABLE account advisory council.
1.  The  NY  ABLE  account  advisory council is hereby established and
shall  consist  of  the  following  persons  or  their  designees:   the
comptroller,  the  commissioner  of  the  office  of  mental health, the
commissioner of the office for people with  developmental  disabilities,
the  commissioner of the department of health, the superintendent of the
department of financial services, the commissioner of the department  of
taxation  and  finance,  the  commissioner  of  the  office of temporary
disability assistance, three individuals appointed by the governor,  and
two individuals each by the temporary president of the senate and by the
speaker of the assembly. Such executive and legislative appointees shall
have  knowledge,  skill  and expertise in issues relating to individuals
with disabilities; expertise in services to persons  with  disabilities;
or  knowledge  in  management  and support of the fiscal affairs of such
disabilities.
2. The members shall be appointed for a term of three years and  shall
be representative of all geographic areas of the state.
3. The advisory council shall:
(a)  Study  and  review the work of the comptroller in relation to the
establishment of the NY ABLE account program;
(b)  Advise  the  comptroller  and  make   recommendations   for   the
improvement of the NY ABLE account program;
(c)  Advise  the  comptroller  on  legislative and regulatory activity
which may be required for compliance; and
(d) Advise the comptroller on  the  development  of  materials  to  be
provided  to  account owners, prospective account owners, and designated
beneficiaries in accordance with subdivision fourteen of  section  84.09
of this article.
4.  The  advisory  council shall meet at least four times in each full
calendar year during the first three years of the implementation of ABLE
accounts, annually thereafter, and additionally upon the request of  the
comptroller.
5.  The  members of the advisory council shall receive no compensation
for their services as members, but each shall be allowed  the  necessary
and  actual  expenses  incurred  in the performance of his or her duties
under this section.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 84 - New York Achieving a Better Life Experience Savings Account Act › 84.11 - Distribution Requirements.

§ 84.11 Distribution requirements.
Designated beneficiaries shall be eligible for a distribution from the
  accumulated  funds deferred to their NY ABLE savings account established
  pursuant to this article, in full and partial disbursement  options  for
  qualified expenses.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 91 - Laws Repealed; Savings Clause; Time of Taking Effect › 91.01 - Laws Repealed.

§ 91.01 Laws repealed.
Chapter  four hundred twenty-six of the laws of nineteen hundred nine,
  entitled "An act relating to the mentally  ill,  mental  defectives  and
  epileptics, constituting chapter twenty-seven of the consolidated laws",
  and  all  acts  amendatory  thereof  and supplemental thereto are hereby
  REPEALED.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 91 - Laws Repealed; Savings Clause; Time of Taking Effect › 91.02 - Application of Certain Amendments, Repeals or Additions to Former Mental Hygiene Law.

§ 91.02 Application  of  certain  amendments,  repeals  or  additions to
former mental hygiene law.
(a) An act of the legislature of the year in which this act shall have
become a law which, in form, amends or repeals or purports to  amend  or
repeal  any provision or provisions of the former mental hygiene law, as
in force immediately prior to the date that this act shall take  effect,
shall be legally effective notwithstanding the repeal of such former law
by  this  act  and shall be construed as an amendment, or repeal, as the
case may be, of the corresponding provision or provisions  of  this  act
irrespective  of  whether  such provision or provisions are contained in
this act in one or more than one article, section, subdivision or  other
part  thereof  and  such  corresponding provision or provisions shall be
deemed and construed to be amended, modified,  changed  or  repealed  as
though the same had been expressly and in terms so amended or repealed.
(b) An act of the legislature of the year in which this act shall have
become  a  law  which  adds  or  purports to add a new article, section,
subdivision or other provision of law to the former mental hygiene  law,
as in force and effect immediately prior to the date that this act shall
take  effect,  shall  be legally effective notwithstanding the repeal of
such former law by this act and shall be construed as having been  added
to  this  act and shall be given full effect according to its context as
if the same had been added expressly and in terms to this act and  shall
be   deemed  and  construed  to  have  been  inserted  in  this  act  in
juxtaposition to and  as  modifying  the  effect  of  the  corresponding
provision or provisions of this act.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 91 - Laws Repealed; Savings Clause; Time of Taking Effect › 91.03 - Savings Clause.

§ 91.03 Savings clause.
Nothing  contained in this chapter or any act amendatory thereof shall
  affect or impair the validity of any act done or right accruing, accrued
  or acquired, or any order, judgment, or status established prior to  the
  enactment  of  this  chapter  or  prior  to  the  enactment  of  any act
  amendatory thereof.  Persons  admitted  or  certified  pursuant  to  the
  provisions  of article six or article seven of the mental hygiene law as
  it existed prior to the  enactment  of  this  chapter  may  be  retained
  pursuant to the provisions of the respective articles but in no event to
  exceed a period of two years from the effective date of this chapter.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 91 - Laws Repealed; Savings Clause; Time of Taking Effect › 91.04 - Separability Clause.

§ 91.04 Separability clause.
If  any  clause, sentence, paragraph, section, or part of this chapter
  shall be adjudged by any court of competent jurisdiction to be  invalid,
  such  judgment  shall  not  affect,  impair, or invalidate the remainder
  thereof, but shall be confined in its operation to the clause, sentence,
  paragraph, section, or part thereof directly involved in the controversy
  in which such judgment shall have been rendered.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 2 - Militia of the State; Division and Composition.

§ 2. Militia of the state; division and composition. 1. The militia of
  the state shall be divided into the organized militia, the state reserve
  list,  the state retired list and the unorganized militia. The organized
  militia shall be composed of the New York army national guard;  the  New
  York air national guard; the inactive national guard; the New York naval
  militia;  the  New  York guard whenever such a state force shall be duly
  organized and such additional forces as may be created by the governor.
2. The unorganized militia  shall  consist  of  all  able-bodied  male
  residents  of the state between the ages of seventeen and forty-five who
  are not serving in any force of the organized militia or who are not  on
  the state reserve list or the state retired list and who are or who have
  declared  their  intention  to  become  citizens  of  the United States,
  subject, however, to such exemptions from military duty as  are  created
  by the laws of the United States.
3. The state reserve list and the state retired list shall include the
  persons  who  are lawfully carried thereon on the effective date of this
  act and such persons who may be transferred thereto or placed thereon by
  the governor in accordance with the provisions of this chapter.
4. The terms "organized militia," "all or any part  of  the  organized
  militia," "organized militia or any part thereof" and "organized militia
  or any force thereof," whenever used in this chapter, unless a different
  meaning  is  plainly required by the context, shall be deemed to include
  any unit, command, component,  element,  headquarters,  staff  or  cadre
  thereof as well as any member or members.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 3 - Commander-in-Chief; Regulations; Registration.

§ 3. Commander-in-chief;  regulations; registration.   1. The governor
  of the state shall be the  commander-in-chief  of  the  militia  of  the
  state.  The  governor  is hereby authorized to issue regulations for the
  government of the militia. Regulations issued by the governor shall have
  the same force and effect as the provisions of  this  chapter  but  they
  shall  conform to the laws and regulations of the United States relating
  to the organization, discipline and training  of  the  militia,  to  the
  provisions of this chapter and, as nearly as practicable to the laws and
  regulations governing the army, navy and air force of the United States.
  The  rules  and  regulations in force at the time of the passage of this
  chapter, shall remain in force  until  new  rules  and  regulations  are
  approved and promulgated.
2.  Whenever  he  shall deem it necessary, the governor may direct the
  members of the unorganized militia to present themselves for and  submit
  to  registration  at  such  time  and place and in such manner as may be
  prescribed by regulations issued pursuant to this section.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 4 - Equality of Treatment and Opportunity.

§ 4. Equality  of treatment and opportunity.  It is hereby declared to
  be the policy of the state that there shall be an equality of  treatment
  and  opportunity for all persons in the organized militia without regard
  to race, creed, color, national origin or sex. Such policy shall be  put
  into  effect  by  regulations  to be issued pursuant to section three of
  this chapter, it being necessary to give due regard to the powers of the
  United States which are or may be exercised  over  the  militia  of  the
  state.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 5 - Militia Call by the United States.

§ 5. Militia call by the United States.  When the militia of the state
  is  called  forth  under the constitution and laws of the United States,
  the governor shall order out for service the organized militia  or  such
  part  thereof  as  may  be  necessary,  and  if  the number available be
  insufficient, the governor may call for and accept from the  unorganized
  militia  as many volunteers as are required for service in the organized
  militia or he may direct the members of the unorganized militia or  such
  of them as may be necessary to be drafted into the organized militia.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 6 - Ordering Organized Militia Into Active State Service.

§ 6. Ordering  organized  militia  into active state service.   1. The
  governor shall have power, in case of invasion, disaster,  insurrection,
  riot, breach of the peace, or imminent danger thereof, to order into the
  active  service of the state for such period, to such extent and in such
  manner as he may deem  necessary  all  or  any  part  of  the  organized
  militia.  Such  power  shall  include  the  power to order the organized
  militia or any part thereof to function under the operational control of
  the United States army, navy or air force commander  in  charge  of  the
  defense  of any area within the state which is invaded or attacked or is
  or may be threatened with invasion or attack.
2. Upon the request of the sheriff of a county, or in  the  county  of
  Nassau the county executive or the mayor of a city, whenever it shall be
  made  to  appear  to  the  governor that there is a breach of the peace,
  riot, resistance to process of this state or disaster or imminent danger
  thereof, the governor may order into the active service  of  the  state,
  for  such  period,  to  such  extent  and  in such manner as he may deem
  necessary all or any part of the organized militia.  The compensation of
  all officers and enlisted men, while on duty or  assembled  pursuant  to
  this subdivision, and all expenses incurred in connection with such duty
  or as a result thereof shall be paid in the manner prescribed by section
  two hundred twelve of this chapter.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 6-A - Organizations and Volunteers From the Unorganized Militia.

§ 6-a. Organizations  and volunteers from the unorganized militia.  To
  the extent permitted by the  constitution  of  the  United  States,  the
  governor   may,   at  any  time,  order,  authorize  or  recognize  such
  organizations of the  unorganized  militia,  or  of  designated  classes
  thereof, or of volunteers therefrom, as he may deem to be for the public
  interest,  and  may  prescribe  therefor  such  parts of the regulations
  governing  the  organized  militia  as  may  be  applicable  thereto  or
  establish  such  regulations  therefor,  or both, as he may deem proper.
  The governor may, at any time, provide for the separate organization, or
  authorize the enlistment in organizations of the unorganized militia, of
  persons volunteering for such service, not otherwise subject to military
  duty under section two of this chapter.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 7 - Draft of Unorganized Militia.

§ 7. Draft  of unorganized militia.  1. Whenever it shall be necessary
  in case of invasion, disaster, insurrection, riot, breach of  the  peace
  or  imminent  danger thereof or to maintain the organized militia or any
  force thereof at the number required for public safety or prescribed  by
  the laws of the United States, the governor may call for and accept from
  the  unorganized  militia as many volunteers as are required for service
  in the organized militia or he may direct the members of the unorganized
  militia or such of them as may be  necessary  to  be  drafted  into  the
  organized militia or any force thereof.
2.  Whenever  it  shall  be  necessary  in case of invasion, disaster,
  insurrection, riot, breach of the peace, or imminent danger thereof, the
  governor many direct the members of the unorganized militia or  such  of
  them  as may be necessary to be drafted under such regulations as he may
  prescribe into the active service of the state, to serve as directed  by
  him.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 8 - Punishment for Failure to Appear.

§ 8. Punishment  for failure to appear.  Any member of the unorganized
  militia who is ordered to register or to be drafted into  the  organized
  militia  under  the provision of this chapter and who fails to appear at
  the time and place designated  in  such  order  shall  be  guilty  of  a
  misdemeanor.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 9 - Power of Governor to Declare Martial Rule.

§ 9. Power  of governor to declare martial rule.  Whenever any portion
  of the organized militia is employed pursuant to  section  six  of  this
  chapter,  the  governor,  if  in his judgment the maintenance of law and
  order will thereby be promoted, may by proclamation declare  the  county
  or  city  in  which  the  troops  are  serving  or any specified portion
  thereof, to be under martial rule.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 10 - Military Staff of the Governor.

§ 10. Military  staff  of  the  governor.    The military staff of the
  governor shall consist of the adjutant general and  such  aides  as  the
  governor  shall  deem  necessary  who  shall  be  commissioned  officers
  detailed by the governor from the organized militia.  Officers  detailed
  under  this  section  shall  not  be relieved from their ordinary duties
  except when actually on duty with the governor.  The military  staff  of
  the  governor  shall perform such ceremonial functions and duties as the
  governor may prescribe.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 11 - Adjutant General.

§ 11. Adjutant  general.   The adjutant general shall serve as such at
  the pleasure of the governor and, under his  direction,  shall  exercise
  control over the division of military and naval affairs of the executive
  department  of  the  state.    The  adjutant general may perform any act
  authorized by this chapter or the regulations issued  pursuant  to  this
  chapter  through  or with the aid of such officers, officials or bureaus
  of the division of military and naval affairs as he may designate.    It
  shall  be  the  duty  of the adjutant general to direct the planning and
  employment of the forces of the organized militia in carrying out  their
  state  military  mission;  to  establish unified command of state forces
  whenever they shall be jointly engaged; to act as the state director  of
  civil  defense  for the state; to submit an annual written report to the
  governor in such form as the governor may prescribe; and to perform such
  other duties as the  governor  may  direct.  The  adjutant  general  may
  appoint  such  assistant adjutants general as may be necessary. Whenever
  the governor and those who would act in succession to the governor under
  the constitution and laws of the state shall be unable  to  perform  the
  duties  of  commander-in-chief,  the  adjutant general shall command the
  militia.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 12 - Deputy Adjutant General.

§ 12. Deputy  adjutant  general.    There  shall  be a deputy adjutant
  general who shall serve as such at the pleasure  of  the  governor.  The
  deputy  adjutant  general  shall be appointed by the governor from among
  the commissioned officers on the active list of  the  organized  militia
  upon  the recommendation of the adjutant general and, while holding such
  title, shall have the rank of a general  officer  or  flag  officer.  He
  shall  have such duties as may be prescribed by the adjutant general and
  shall act in place  of  the  adjutant  general  during  his  absence  or
  disability.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 13 - The Chief of Staff of the State.

§ 13. The  chief  of  staff  of the state.   There shall be a chief of
  staff of the state who shall serve  as  such  at  the  pleasure  of  the
  governor.    The  chief  of staff of the state shall be appointed by the
  governor and while holding such title shall have the grade of a  general
  officer.   The powers, functions and duties of the chief of staff of the
  state shall be those prescribed  by  this  chapter  and  by  regulations
  issued pursuant to this chapter.  All such powers, functions and duties,
  however,  as well as those which are or may be imposed upon the chief of
  staff of the state by the laws and  regulations  of  the  United  States
  shall  be exercised and performed by him under the direction and control
  of the adjutant general.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 13-A - Assistant Adjutant General for Air.

§ 13-a. Assistant  adjutant general for air.  The governor may appoint
  an assistant adjutant general for air who shall serve at the pleasure of
  the governor and may have the grade of brigadier general during his term
  of office.  He shall be employed under section nineteen of this  chapter
  with  additional duties as a staff officer on the staff of the commander
  of the New York air national guard.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 13-B - Deputy Commander of the New York Army National Guard.

§ 13-b. Deputy  commander  of  the  New York army national guard.  The
  governor, upon the recommendation of the adjutant general, may appoint a
  deputy commander, New York army national guard who shall  serve  at  the
  pleasure  of  the  governor.  He shall be appointed by the governor from
  among the commissioned officers on the active list of the army  national
  guard  and,  while  holding  such  title,  shall have the grade of major
  general during his term of office. He shall have such duties as  may  be
  prescribed  by the commander, New York army national guard and shall act
  in the place of the commander of the New York army national guard during
  his absence or disability.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 13-C - Assistant Adjutant General for Army.

§ 13-c. Assistant  adjutant  general for army.  The governor, upon the
  recommendation  of  the  adjutant  general,  may  appoint  an  assistant
  adjutant  general  for  army  who  shall  serve  at  the pleasure of the
  governor.  He  shall  be  appointed  by  the  governor  from  among  the
  commissioned officers on the active list of the army national guard and,
  while  holding  such  title,  shall  have the grade of brigadier general
  during his term  of  office.  He  shall  have  such  duties  as  may  be
  prescribed by the adjutant general.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 14 - Staff of the Adjutant General.

§ 14. Staff  of  the  adjutant  general.    There  shall  be under the
  adjutant general a staff to consist of the deputy adjutant general,  the
  chief  of  staff  and  such other officers as the adjutant general shall
  appoint provided, that each force of  the  organized  militia  shall  be
  represented  on  the  staff  of  the  adjutant  general  by at least one
  officer.    The  staff  of  the  adjutant  general  shall  perform  such
  functions, powers and duties as the adjutant general may prescribe.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 16 - Audit of Military Accounts.

§ 16. Audit  of military accounts.  The comptroller of the state shall
  be the auditor of all military accounts payable  by  the  state.    Such
  accounts  shall  be approved by the adjutant general prior to submission
  to the comptroller.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 17 - Purchase of Military Property.

§ 17. Purchase  of  military  property.    Under  the direction of the
  governor, the adjutant general shall  authorize  the  purchase  of  such
  military  property  as  may  be  required  for  the use of the organized
  militia.  In extreme emergencies, however, the commanding officer of any
  unit of the organized militia  may  purchase  such  necessities  as  are
  required  for  the  immediate  use and care of his command.  A report of
  such purchases shall be made forthwith to the adjutant general.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 18 - Issue of Military Property.

§ 18. Issue  of  military property.   The adjutant general shall issue
  such military property as  the  governor  shall  direct.    No  military
  property  shall  be  issued to persons or organizations other than those
  belonging to the organized militia.  Obsolete ordnance property  of  the
  state, however, may be issued by the adjutant general, with the approval
  of  the  governor,  to  municipalities and to educational, patriotic and
  charitable organizations under such conditions as may be  prescribed  by
  regulations issued pursuant to this chapter.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 19 - Employees of the Division of Military and Naval Affairs.

§ 19. Employees  of  the  division  of military and naval affairs.  1.
  Within the amounts appropriated therefor, the adjutant general  and  the
  commanding  general or commanding officer of each force of the organized
  militia may employ and discharge such personnel, including  officers  of
  the  organized  militia  on  permanent  duty,  as may be required in the
  offices, bureaus, camps and headquarters of their respective commands.
2. Within the amounts appropriated therefor the adjutant  general  may
  employ  and  discharge such other personnel as may be authorized by this
  chapter.
3. Personnel employed in the division of military and  naval  affairs,
  other  than  civilian  employees  performing  the functions of the state
  civil defense commission, shall be considered as being in  the  military
  service and not in the civil service of the state.
4.  The  adjutant  general  shall  promulgate  rules  and  regulations
  pertaining to the work schedules, number of hours of work per  week  and
  per  day, duties, annual leave, sick leave, leaves of absence, holidays,
  employment,  promotion,  demotion,  assignment,  transfer,   discipline,
  discharge  and  any other matters pertinent to the administration of all
  employees authorized by this chapter.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 19-A - Family Liaison Officer.

§  19-a.  Family liaison officer. The adjutant general shall designate
  family liaison officers to provide assistance to the families  of  those
  military  personnel  who  have  been  deployed for active military duty,
  other than training. Such officer shall coordinate  his  or  her  duties
  with  the  state's employee assistance program that is maintained by the
  office of employee relations. The assistance provided  by  such  officer
  shall include, but not be limited to: (a) serving as liaison between the
  families  of  service  personnel  and  the  department  of  defense; (b)
  providing information on family assistance programs that  are  available
  from the state and federal government; (c) ensuring that the families of
  those  military personnel on active duty receive appropriate support and
  assistance. A family liaison officer shall be available beginning on the
  date of any  declaration  of  war  by  the  Congress  through  the  date
  prescribed  by  presidential  proclamation  or  concurrent resolution of
  Congress, or during any periods of combat as designated by  presidential
  executive  orders.  The family liaison officer may be assisted in his or
  her duties by such staff under the jurisdiction of the adjutant  general
  that may be necessary to perform the duties of such position.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 22 - Service Without the State.

§ 22. Service without the state.  The governor may order the organized
  militia  or  any  part  thereof  to serve outside of the borders of this
  state or of the United States in order to perform military duty of every
  description  and  to   participate   in   parades,   reviews,   cruises,
  conferences,   encampments,   maneuvers   or   other  training,  and  to
  participate in small arms and other military competitions and to  attend
  service schools.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 22-A - Compacts for Military Aid.

§ 22-a. Compacts for military aid.  1. a. With the prior or subsequent
  consent of the congress of the United States, the governor is authorized
  to  enter  into,  amend, supplement and implement agreements or compacts
  with the executive authorities of  other  states  and  the  Dominion  of
  Canada  and  any of the provinces thereof, providing for mutual military
  aid, and matters incidental  thereto,  in  case  of  invasion  or  other
  hostile action, disaster, insurrection, or imminent danger thereof.
b. Such agreements or compacts may include but shall not be limited to
  provisions  for  joint  military  action against a common enemy; for the
  protection  of  bridges,  tunnels,  ferries,  pipelines,   communication
  facilities and other vital installations, plants and facilities; for the
  military  support  of  civil defense agencies; for the fresh pursuit, by
  the organized militia or military  forces  or  any  part  thereof  of  a
  signatory  into  the  jurisdiction  of  any  other signatory, of persons
  acting or appearing to act in the interest of any  enemy  government  or
  seeking  or  appearing to seek to overthrow the government of the United
  States or of any signatory; for the powers, duties,  rights,  privileges
  and  immunities  of  the  members  of  the organized militia or military
  forces of any signatory while so engaged outside their own jurisdiction;
  for such other matters as  are  of  a  military  nature,  or  incidental
  thereto,  and which the governor may deem necessary or proper to promote
  the health, safety and welfare of the people  of  this  state;  for  the
  allocation  of  all  costs  and  expenses  arising from the planning and
  operation of such agreements or compacts.
2. Nothing contained in this section shall be construed or interpreted
  as expressing a limitation, directly or indirectly, of the power of  the
  governor  to enter into, and to amend or supplement, such compacts, with
  legal  force  and  effect  and  without  the  legislative  authorization
  expressed herein.
2023 New York Laws › MIL - Military › Article 1 - The Militia of the State › 23 - Application of This Chapter to Service Without the State.

§ 23. Application  of  this chapter to service without the state.  The
  provisions of this chapter shall apply to the members of  the  organized
  militia while serving without the state and while going to and returning
  from  such  service  without  the  state  in like manner and to the same
  extent as while serving within the state.
2023 New York Laws › MIL - Military › Article 2 - 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.
2023 New York Laws › MIL - Military › Article 2 - The Organized Militia › 41 - The New York Army National Guard.

§ 41. The  New  York  army national guard.  The New York army national
  guard is an active  land  force  of  the  organized  militia  and  shall
  comprise the army units which are part of the New York national guard at
  this  date  and  such  other  army  units as may be organized hereafter,
  including the personnel who  are  enlisted,  appointed  or  commissioned
  therein; provided, that all persons who are members of the New York army
  national  guard  shall  be federally recognized or qualified for federal
  recognition therein.