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This entry was published on 2014-09-22
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SECTION 1
Definitions
Military (MIL) CHAPTER 36, ARTICLE 1
§ 1. Definitions. As used in this chapter:

1. The terms "New York national guard" and "national guard" shall mean
the New York army national guard and the New York air national guard.

2. The term "naval militia" shall mean the New York naval militia.

3. The terms "military" and "military and naval" shall mean army or
land, air or air force and navy or naval.

4. The terms "military or naval" and "military (including air) or
naval" shall mean army or land, air or air force or navy or naval.

5. The term "military service of the state" as to military personnel
shall mean service in or with a force of the organized militia or in the
division of military and naval affairs of the executive department of
the state. As to civilian personnel, it shall mean service in the
division of military and naval affairs and not in the civil service of
the state.

6. The terms "active service" and "active duty" shall mean military
duty in or with a force of the organized militia (not including the
inactive national guard and not including the New York guard when in an
inactive status) or in the division of military and naval affairs of the
executive department of the state, either in a full time status or in a
part-time status, depending upon the conditions under which the duty is
performed.

7. The term "on the active list" shall mean on the rolls of a force of
the organized militia, not including the inactive national guard and not
including the New York guard when in an inactive status.

8. The terms "active military service of the United States" and "in
the armed forces of the United States" shall mean full time duty in the
army, navy (including marine corps), air force or coast guard of the
United States.

9. The term "force of the organized militia" shall mean, severally,
the army national guard, the air national guard, the New York naval
militia, the New York guard when organized, and such additional forces
as may be created by the governor pursuant to section two of this
chapter.

10. The terms "commissioned officer" and "officer" shall mean male
commissioned officer, female commissioned officer appointed to serve as
a nurse or medical specialist, or other female commissioned officer,
otherwise qualified, when authorized by federal statute. The terms "he",
"his" and "him", when used with relation to "commissioned officer" or
"officer" shall also mean she, hers and her, respectively.

11. The term "warrant officer" shall mean male commissioned warrant
officer or male warrant officer, or female commissioned warrant officer
or female warrant officer, otherwise qualified, when authorized by
federal statute. The terms "he", "his" and "him", when used with
relation to the term "warrant officer" shall also mean she, hers and
her, respectively.

12. The terms "enlisted personnel" and "enlisted person" shall mean
male enlisted personnel and male enlisted person respectively, and
female enlisted personnel and female enlisted person, otherwise
qualified, when authorized by federal statute. The terms "he", "his" and
"him", when used with relation to "enlisted personnel" and "enlisted
person" shall also mean she, hers and her, respectively.