N.Y. Exec. Law § 190

§ 190. Division of military and naval affairs. 1. Notwithstanding the\nprovisions of any other law, the head of the division of military and\nnaval affairs shall be the adjutant general who shall be appointed by\nthe governor and who, except when any one of such officers shall be in\nthe active service of the United States, shall be the commanding general\nof the New York army national guard, the commander of the New York air\nnational guard or the commanding officer of the New York naval militia.\nThe governor may exercise and perform his functions, powers and duties\nas commander-in-chief of the militia of the state in whole or in part\nthrough such division.\n 2. The division of military and naval affairs shall include the\norganized militia; the state reserve list; the state retired list; all\noffices, headquarters, units, forces, commands, arsenals, depots,\narmories, bureaus, agencies, bases, camps, ranges, and other military\n(including air) and naval activities, property, installations,\nstructures, facilities and functions of the state and all military\n(including air), naval and civilian personnel who may be serving or\nemployed therein.\n 3. The organization of the present office of the chief of staff is\ncontinued as part of the division of military and naval affairs. The\npowers and duties of such office and the bureaus thereof shall be\nexercised and performed under the supervision, direction and control of\nthe chief of staff, subject to the approval of the adjutant general.\n 4. The adjutant general is hereby authorized to create, organize,\nreorganize, convert, inactivate or disband such other offices,\nheadquarters, commands, bureaus and agencies for the performance of the\nfunctions of the division as he may deem necessary, within the amount\nappropriated therefor.\n