N.Y. Mil. Law § 42

§ 42. The New York air national guard. The New York air national\nguard is the active air force of the organized militia and shall\ncomprise the air units which are a part of the New York national guard\nat this date and such other air units as may be organized hereafter,\nincluding the personnel who are enlisted, appointed or commissioned\ntherein; provided, that all persons who are members of the New York air\nnational guard shall be federally recognized or qualified for federal\nrecognition therein. The army aviation units of the New York army\nnational guard shall not be considered air units within the meaning of\nthis chapter.\n