§ 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.

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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.