N.Y. Mil. Law § 71
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.
N.Y. Mil. Law § 71