N.Y. Mil. Law § 80

§ 80. Tenure of commissioned officers. No commissioned officer shall\nbe involuntarily discharged or dismissed from the service, unless by the\nsenate on the recommendation of the governor, stating the grounds for\nsuch recommendation; or by the sentence of a court-martial; or upon the\nfindings of an examining board appointed pursuant to section\nseventy-five of this chapter; or, as provided by section seventy-eight\nof this chapter, for absence without leave for a period of three months;\nprovided, however, that a commissioned officer may be transferred to the\nstate reserve list or state retired list as provided by section twenty\nand section twenty-one of this chapter, respectively.\n