§ 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 the United States and the regulations issued thereunder. For
that purpose, the governor is hereby authorized to organize, reorganize,
inactivate or disband any unit, headquarters or staff therein; to
increase or decrease the number of commissioned officers, commissioned
warrant officers, warrant officers and enlisted personnel of any grade
therein; and to increase or decrease the strength of the New York
national guard and the New York naval militia; provided, that no
organization of the New York national guard the members of which shall
be entitled to and shall have received compensation under the applicable
laws of the United States shall be disbanded without the consent of the
president of the United States, nor, without such consent, shall the
commissioned or enlisted strength of any organization in the New York
national guard be reduced below the minimum that shall be prescribed
therefor by the president of the United States.