New York Laws
Article 3 - Officers of the Organized Militia
77 - Resignations.

§ 77. Resignations. 1. A commissioned officer of the organized
militia may tender his resignation at any time to the governor. If the
governor shall accept the resignation, the officer shall receive an
honorable discharge but if the officer tendering his resignation shall
be under arrest or if charges have been preferred against him for the
commission of an offense punishable by a court-martial, he may be given
a discharge in such form as the governor may direct.

2. Enlistment in the regular army, air force, navy, marine corps or
coast guard of the United States shall be deemed a resignation by the
person so enlisting of all commissions in the militia held by him.

3. The acceptance of a commission in the organized militia shall be
deemed a resignation by the person accepting the same of any other
commission held by him in the militia.