N.Y. Mil. Law § 70

§ 70. Appointment of commissioned officers. 1. All commissioned\nofficers of the organized militia shall be appointed and promoted by the\ngovernor upon recommendation of the commanding general or the commanding\nofficer of the force in which such officers are to serve.\n 2. General officers above the grade of brigadier-general and flag\nofficers above the grade of commodore shall be appointed and promoted by\nthe governor with the consent of the senate. During the time that the\nsenate is not in session the governor may make such appointment subject\nto subsequent confirmation by the senate.\n