N.Y. Mil. Law § 130.80

§ 130.80. Unlawful enlistment, appointment, or separation. Any person\nsubject to this code who effects an enlistment or appointment in or a\nseparation from the organized militia of any person who is known to him\nto be ineligible for such enlistment, appointment, or separation because\nit is prohibited by law, regulation, or order shall be punished as a\ncourt-martial may direct.\n