§ 165. Organization, order to and relief from active duty or active
service. 1. The New York guard may be created, organized, established
and maintained in the discretion of the governor at any time when such
action is not prohibited under the laws of the United States. Except
when on active duty or active service or when converted into an active
force, as provided in this chapter, the units, commands, headquarters,
staffs, cadres and members of the New York guard shall be organized and
maintained in an inactive status.

2. The units, commands, headquarters, staffs, cadres or members of the
New York guard may be ordered to active duty by the governor for such
period and purposes, to such extent and under such conditions as he may
deem necessary. They may be ordered into the active service of the state
pursuant to the provisions of section six of this chapter. When any
such member is ordered to active duty or active service, he shall rank
in his grade from the date of such order. Such units, commands,
headquarters, staffs, cadres or members may be relieved from active duty
or active service or inactivated in the discretion of the governor.

3. The New York guard may be converted into an active force, and it
may be reconverted into a reserve force in the discretion of the
governor.

4. The units, commands, headquarters, staffs, cadres and members of
the New York guard shall be organized, armed, equipped, disciplined,
governed, administered and trained as prescribed by this chapter and the
regulations issued hereunder and in conformance with applicable laws of
the United States.

5. In his discretion, the New York guard or any unit, command,
headquarters, staff or cadre thereof may be disbanded by the governor.

(6) There shall be no restriction to the appointment of females as
officers or warrant officers or the enlisting of females in the New York
Guard provided such female personnel are qualified under the provisions
of this chapter.