Title MIL, Military

§ 313. Settlement of cases involving stayed proceeding in foreclosure or repossession of personal property. Where a proceeding to foreclose a mortgage upon or to resume possession of personal property, or to rescind or terminate a contract for the purchase thereof, has been stay…

§ 313-a. Exercise of rights under this article not to affect certain future financial transactions. Application by a person in military service for, or receipt by a person in military service of, a stay, postponement or suspension pursuant to the provisions of this article in th…

§ 314. Taxes; taxes on real property, et cetera. 1. The provisions of\nthis section shall apply when any taxes or assessments, whether general\nor special, other than taxes on income, whether falling due prior or\nduring the period of military service in respect of personal prop…

§ 315. Taxes; income taxes. The collection from any person in the\nmilitary service of any tax on the income of such person, whether\nfalling due prior to or during his period of military service, shall be\ndeferred for a period extending not more than six months after the\nterm…

§ 316. Policies of insurance; policies not to lapse or be forfeited. 1. No policy which insures the life of a member of a reserve component of the armed forces of the United States, including the National Guard, who is called to active duty, or no policy which has been brought w…

§ 316-a. Protection of assignor of life insurance policy; enforcement of storage liens. 1. Where any life insurance policy on the life of a person in military service has been assigned prior to such person's period of military service to secure the payment of any obligation of s…

§ 316-b. Professional liability protection for certain persons ordered to active duty in armed forces. 1. Definitions. As used in this section: (a) The term "active duty in state military service" means full-time status (other than for training) with a force of the state organiz…

§ 317. Reemployment in private industry. 1. In the case of any person who, in order to perform military service, has left or leaves a position, other than a temporary position, in the employ of any employer, and who (a) receives a certificate of completion of military service du…

§ 318. Policy of the state. 1. It is hereby declared to be the policy of the state that citizens and residents of the state should not be discriminated against because they are subject to military duty pursuant to this chapter or the laws of the United States or both; and that p…

§ 319. Evasive transfers of interest. Where in any proceeding to enforce a civil right in any court it is made to appear to the satisfaction of the court that any interest, property, or contract has since the date of the approval of this act been transferred or acquired with int…

§ 321. Certificates of service. 1. In any proceeding under this act a certificate executed by an officer of the applicable force of the armed forces of the United States or by an officer of the applicable force of the organized militia shall, when produced, be prima facie eviden…

§ 322. Interlocutory orders. Any interlocutory order made by any court under the provisions of this act may, upon the court's own motion or otherwise, be revoked, modified, or extended by it upon such notice to the parties affected as it may require.

§ 323. Further relief. 1. A person may, at any time during his period of military service or within six months thereafter, apply to a court for relief in respect of any obligation or liability incurred by such person prior to his period of military service or in respect of any t…

§ 323-a. Maximum rate of interest. No obligation or liability bearing interest at a rate in excess of six percent per year incurred by a person in active military service in the armed forces of the United States or in active military service of the organized militia of the state…

§ 323-b. Filing fees waiver; civil actions. In any civil action or proceeding commenced in any court by a person who is an active member of the force of the organized militia, as defined by subdivision nine of section one of this chapter, where the dispute or controversy is rela…

§ 324. Separability. If any clause, sentence, paragraph, or part of this article or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidat…

§ 325. Inconsistent provisions in other acts. Insofar as the provisions of this act are inconsistent with the provisions of any other act, general or special, or of any local law, the provisions of this act shall be controlling.

§ 326. Article thirteen of military law, added by laws of nineteen hundred forty-one, chapter six hundred eighty-six. Wherever in any section or provision of Article thirteen of the military law, added by laws of nineteen hundred forty-one, chapter six hundred eighty-six, as las…

§ 327. Duration of the emergency. This act shall remain in force and effect until repealed or otherwise terminated by subsequent act of the legislature.

§ 328. Short title. This article shall be known and may be cited and referred to as the "New York Soldiers' and Sailors' Civil Relief Act of 1951".

§ 4. Equality of treatment and opportunity. It is hereby declared to be the policy of the state that there shall be an equality of treatment and opportunity for all persons in the organized militia without regard to race, creed, color, national origin or sex. Such policy shall b…

§ 40. Appointment of commanders. 1. The commanding generals of the New York army national guard and the New York guard, the commander of the New York air national guard and the commanding officer of the New York naval militia shall be appointed by the governor and shall hold com…

§ 41. The New York army national guard. The New York army national guard is an active land force of the organized militia and shall comprise the army units which are part of the New York national guard at this date and such other army units as may be organized hereafter, includi…

§ 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…

§ 43. The New York naval militia. 1. The naval force of the organized militia shall be the New York naval militia and shall comprise the units and personnel forming the naval militia of the state at this date and such other naval units as may be organized hereafter including the…

§ 44. The New York guard. The New York guard, whenever a state force shall be duly organized under the constitution and laws of the United States and of the state, shall be a reserve land force of the organized militia, and shall be commanded by a general officer.

§ 45. Organization and training. The forces of the organized militia shall be organized, armed, disciplined, governed, administered and trained as prescribed by the laws of the United States and by this chapter and the regulations issued thereunder.

§ 46. Assemblies, annual training and other duty. 1. Members and\nunits of the organized militia shall assemble for drill or other\nequivalent training, instruction or duties and shall participate in\nfield training, annual training, full-time training duty, active duty\nfor tra…

§ 47. Maintenance of militia units. Unless the same shall be furnished by the United States, the state shall provide adequate armory accommodations, bases, camps, target ranges, mooring and other facilities and shall maintain the same for units of the army national guard, the ai…

§ 48. Organization of militia units. The governor shall conform the organization of the New York national guard and the New York naval militia, including the composition of all units thereof, to the organization of national guard and naval militia units prescribed by the laws of…

§ 49. Inactive national guard. The inactive national guard shall consist of the persons commissioned, appointed or enlisted therein or assigned thereto at this date, such officers and enlisted men as may be hereafter transferred thereto from the New York army national guard and …

§ 5. Militia call by the United States. When the militia of the state is called forth under the constitution and laws of the United States, the governor shall order out for service the organized militia or such part thereof as may be necessary, and if the number available be ins…

§ 50. Credit for active federal service. For all purposes under this\nchapter, members of the organized militia who entered the active\nmilitary service of the United States in time of war or under a call,\norder or draft by the president or who hereafter enter such service\nund…

§ 51. Marksmanship and merit prizes. 1. To encourage marksmanship, the governor is authorized to offer annually: a. a state decoration to those who shall excel in small arms practice; b. a prize not exceeding three hundred dollars in value, for competition among the units of the…

§ 52. Responsibility for public property. 1. Public property of the state and of the United States shall be issued, kept, stored, safeguarded, maintained, inventoried, inspected, surveyed and disposed of; and responsibility and accountability for public property, liability for t…

§ 6. Ordering organized militia into active state service. 1. The\ngovernor shall have power, in case of invasion, disaster, insurrection,\nriot, breach of the peace, or imminent danger thereof, to order into the\nactive service of the state for such period, to such extent and i…

§ 6-a. Organizations and volunteers from the unorganized militia. To the extent permitted by the constitution of the United States, the governor may, at any time, order, authorize or recognize such organizations of the unorganized militia, or of designated classes thereof, or of…

§ 7. Draft of unorganized militia. 1. Whenever it shall be necessary in case of invasion, disaster, insurrection, riot, breach of the peace or imminent danger thereof or to maintain the organized militia or any force thereof at the number required for public safety or prescribed…

§ 70. Appointment of commissioned officers. 1. All commissioned officers of the organized militia shall be appointed and promoted by the governor upon recommendation of the commanding general or the commanding officer of the force in which such officers are to serve. 2. General …

§ 71. Qualifications. No person shall be appointed or promoted as a commissioned officer of the organized militia unless he shall have passed such examination as to his physical, moral and professional qualifications as may be prescribed by the laws of the United States and by t…

§ 72. Assignment and transfer of officers. Commissioned officers may be assigned, reassigned, transferred or detailed to and from units of the organized militia, as prescribed by applicable laws of the United States and by this chapter and by the regulations issued thereunder. …

§ 73. Oath of office. Every commissioned officer shall take and subscribe the oath of office prescribed for officers of the organized militia by the applicable laws of the United States and regulations issued pursuant to this chapter. Such oath shall be taken and subscribed befo…

§ 74. Uniforms. Every commissioned officer shall provide himself with such uniforms and articles of equipment as may be prescribed by regulations issued pursuant to this chapter.

§ 75. Efficiency or fitness examining boards and medical examining boards. 1. The efficiency, moral character, conduct and general fitness for retention in the organized militia of any commissioned officer may be investigated, examined into and determined by an efficiency or fit…

§ 76. Efficiency or fitness examining boards and medical examining boards; procedure. Efficiency or fitness examining boards and medical examining boards appointed by the governor are hereby vested with the powers and immunities of courts of inquiry and courts-martial. Such boar…

§ 77. Resignations. 1. A commissioned officer of the organized militia may tender his resignation at any time to the governor. If the governor shall accept the resignation, the officer shall receive an honorable discharge but if the officer tendering his resignation shall be und…

§ 78. Absence without leave; discharge. The governor may discharge any commissioned officer who absents himself without leave for three months. Such officer shall receive a discharge in writing in such form and of such type or classification as may be prescribed by applicable la…

§ 79. Warrant officers. The provisions of this article relating to commissioned officers shall apply to warrant officers and commissioned warrant officers, except that warrant officers who shall have been absent without leave may be discharged as may be prescribed by the applica…

§ 8. Punishment for failure to appear. Any member of the unorganized\nmilitia who is ordered to register or to be drafted into the organized\nmilitia under the provision of this chapter and who fails to appear at\nthe time and place designated in such order shall be guilty of a\…

§ 80. Tenure of commissioned officers. No commissioned officer shall be involuntarily discharged or dismissed from the service, unless by the senate on the recommendation of the governor, stating the grounds for such recommendation; or by the sentence of a court-martial; or upon…