New York Laws
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 one of the veterans' services 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
one of the veterans' services 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 or her 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.