New York Laws
Part 1 - General Provisions
130.4 - Discharge of Commissioned Officers.

(b) If the adjutant general fails to convene a general court-martial
within six months from the presentation of an application for trial
under this article, the adjutant general shall substitute for the
discharge ordered by the governor a form of discharge authorized for
administrative issuance.
(c) Where an administrative discharge is substituted for a dismissal
or discharge under the authority of this article, the governor alone may
reappoint the officer to such commissioned rank and precedence as in the
opinion of the governor such former officer would have attained had he
not been dismissed or discharged. The reappointment of such a former
officer may be made provided a position vacancy is available under
applicable tables of organization. All time between the dismissal or
discharge and such reappointment shall be considered as service for all
purposes.
(d) When an officer is discharged from the organized militia by
administrative action or by board proceedings pursuant to sections
seventy-five and seventy-six of this chapter or is dropped from the
rolls by the senate on the recommendation of the governor pursuant to
section eighty of this chapter, there shall not be a right to trial
under this section.