§ 42. The New York air national guard. The New York air national
guard is the active air force of the organized militia and shall
comprise the air units which are a part of the New York national guard
at this date and such other air units as may be organized hereafter,
including the personnel who are enlisted, appointed or commissioned
therein; provided, that all persons who are members of the New York air
national guard shall be federally recognized or qualified for federal
recognition therein. The army aviation units of the New York army
national guard shall not be considered air units within the meaning of
this chapter.