N.Y. Mil. Law § 166
Notwithstanding any contrary provision of law, whenever in his judgment the effectiveness of the New York guard will be thereby increased or in order to conform the organization of the New York guard to the organization of such state military forces as may be prescribed by the laws of the United States and regulations issued thereunder, the governor may organize, activate, increase, change, divide, consolidate, disband, reactivate or reorganize any unit, headquarters, staff or cadre of the New York guard and may prescribe the composition and types of units, the type of organization and the system of drill or instruction to be used in training such units; and for such purposes the governor is authorized to fix, increase or decrease the strength of any unit, headquarters, staff or cadre of the New York guard including the number of commissioned officers, warrant officers, non-commissioned officers and other enlisted personnel of any grade in any such unit, headquarters, staff or cadre, and to alter the grades of officers, warrant officers and non-commissioned officers.
N.Y. Mil. Law § 166