N.Y. Comp. Codes R. & Regs. tit. 9 § 3.89

Current through Register Vol. 46, No. 16, April 17, 2024

Section 3.89 - Executive Order No. 89: Directing that the Chief of Staff order into active service the organized militia to assist authorities in guaranteeing public order and public property at various correctional and mental hygiene facilities

I, Hugh L. Carey, by virtue of authority vested in me as Governor, under the Military Law of the State, do hereby direct by Executive Order that the Chief of Staff to the Governor order into the active service of the State, for such period, to such extent, and in such manner as he may deem necessary, all or any part of the organized militia to assist authorities in guaranteeing the public order and in the protection of public property in correctional and mental hygiene facilities where assistance may be required.

(1) Major General Vito J. Castellano, Chief of Staff to the Governor, is hereby appointed commander of all personnel ordered into active service of the State in this emergency.

(2) Units and members of the organized militia to be designated by order of the Chief of Staff to the Governor will immediately assemble at their local armories, when and where ordered by the Chief of Staff to the Governor, and will remain assembled pending further orders as to their disposition by the Chief of Staff to the Governor.

(3) All enlistments, reenlistments, or voluntary extension of enlistments which expire after 17 April 1979 and during the period for which the members are currently ordered into the active service of the State are hereby extended for the duration of such duty in the active service of the State.

Signed: Hugh L. Carey

Dated: April 18, 1979

PROCLAMATION

WHEREAS, the Governor is Commander-in-Chief of the Militia of the State pursuant to the Constitution of the State as restated in section three of the Military Law; and

WHEREAS, pursuant to the provisions of section six of the Military Law, the Governor as Commander-in-Chief of the Militia has the power to order into the active service of the State in case of riot, breach of the peace or imminent danger thereof, such units of the organized militia which may be necessary to assist civil authority in controlling a particular situation; and

WHEREAS, I find that a statewide emergency exists, due to a prospective work stoppage by correction officers, creating an imminent danger of riot or breach of the peace from loss of essential government services in various State correctional and mental hygiene facilities; and

WHEREAS, these various State facilities require assistance from the organized militia and the public interest requires that such assistance be provided to insure the continuation of essential services at said State facilities and the preservation of public order and property:

NOW THEREFORE, I, Hugh L. Carey, Governor of the State of New York, pursuant to authority vested in me by paragraph one of section six of the Military Law, have this day by Executive Order, ordered Major General Vito J. Castellano, the Chief of Staff to the Governor, to order into the active service of the State, for such period, to such extent and in such manner as he may deem necessary, all or any part of the organized militia to meet this emergency.

Signed: Hugh L. Carey

Dated: April 18, 1979

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.89