Title MIL, Military

§ 313. Settlement of cases involving stayed proceeding in foreclosure\nor repossession of personal property. Where a proceeding to foreclose a\nmortgage upon or to resume possession of personal property, or to\nrescind or terminate a contract for the purchase thereof, has been\n…

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

§ 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.\n1. No policy which insures the life of a member of a reserve component\nof the armed forces of the United States, including the National Guard,\nwho is called to active duty, or no policy which has been brough…

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

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

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

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

§ 319. Evasive transfers of interest. Where in any proceeding to\nenforce a civil right in any court it is made to appear to the\nsatisfaction of the court that any interest, property, or contract has\nsince the date of the approval of this act been transferred or acquired\nwith…

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

§ 322. Interlocutory orders. Any interlocutory order made by any\ncourt under the provisions of this act may, upon the court's own motion\nor otherwise, be revoked, modified, or extended by it upon such notice\nto the parties affected as it may require.\n

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

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

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

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

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

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

§ 327. Duration of the emergency. This act shall remain in force and\neffect until repealed or otherwise terminated by subsequent act of the\nlegislature.\n

§ 328. Short title. This article shall be known and may be cited and\nreferred to as the "New York Soldiers' and Sailors' Civil Relief Act of\n1951".\n

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

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

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

§ 42. The New York air national guard. The New York air national\nguard is the active air force of the organized militia and shall\ncomprise the air units which are a part of the New York national guard\nat this date and such other air units as may be organized hereafter,\ninclu…

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

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

§ 45. Organization and training. The forces of the organized militia\nshall be organized, armed, disciplined, governed, administered and\ntrained as prescribed by the laws of the United States and by this\nchapter and the regulations issued thereunder.\n

§ 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\nfurnished by the United States, the state shall provide adequate armory\naccommodations, bases, camps, target ranges, mooring and other\nfacilities and shall maintain the same for units of the army national\nguard, th…

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

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

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

§ 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,\nthe governor is authorized to offer annually:\n a. a state decoration to those who shall excel in small arms practice;\n b. a prize not exceeding three hundred dollars in value, for\ncompetition among the units …

§ 52. Responsibility for public property. 1. Public property of the\nstate and of the United States shall be issued, kept, stored,\nsafeguarded, maintained, inventoried, inspected, surveyed and disposed\nof; and responsibility and accountability for public property, liability\nf…

§ 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\nthe extent permitted by the constitution of the United States, the\ngovernor may, at any time, order, authorize or recognize such\norganizations of the unorganized militia, or of designated classes\nthereof, o…

§ 7. Draft of unorganized militia. 1. Whenever it shall be necessary\nin case of invasion, disaster, insurrection, riot, breach of the peace\nor imminent danger thereof or to maintain the organized militia or any\nforce thereof at the number required for public safety or prescri…

§ 70. Appointment of commissioned officers. 1. All commissioned\nofficers of the organized militia shall be appointed and promoted by the\ngovernor upon recommendation of the commanding general or the commanding\nofficer of the force in which such officers are to serve.\n 2. Gen…

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

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

§ 73. Oath of office. Every commissioned officer shall take and\nsubscribe the oath of office prescribed for officers of the organized\nmilitia by the applicable laws of the United States and regulations\nissued pursuant to this chapter. Such oath shall be taken and subscribed\n…

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

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

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

§ 77. Resignations. 1. A commissioned officer of the organized\nmilitia may tender his resignation at any time to the governor. If the\ngovernor shall accept the resignation, the officer shall receive an\nhonorable discharge but if the officer tendering his resignation shall\nbe…

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

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

§ 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\nbe involuntarily discharged or dismissed from the service, unless by the\nsenate on the recommendation of the governor, stating the grounds for\nsuch recommendation; or by the sentence of a court-martial; or u…