N.Y. Mil. Law § 77

§ 77. Resignations. 1. A commissioned officer of the organized\nmilitia may tender his resignation at any time to the governor. If the\ngovernor shall accept the resignation, the officer shall receive an\nhonorable discharge but if the officer tendering his resignation shall\nbe under arrest or if charges have been preferred against him for the\ncommission of an offense punishable by a court-martial, he may be given\na discharge in such form as the governor may direct.\n 2. Enlistment in the regular army, air force, navy, marine corps or\ncoast guard of the United States shall be deemed a resignation by the\nperson so enlisting of all commissions in the militia held by him.\n 3. The acceptance of a commission in the organized militia shall be\ndeemed a resignation by the person accepting the same of any other\ncommission held by him in the militia.\n