§ 1 — Definitions

New York § 1

• Jurisdiction: New York
• Law MIL: Military
• Art. 1: The Militia of the State

Text

§ 1. Definitions. As used in this chapter:\n 1. The terms "New York national guard" and "national guard" shall mean\nthe New York army national guard and the New York air national guard.\n 2. The term "naval militia" shall mean the New York naval militia.\n 3. The terms "military" and "military and naval" shall mean army or\nland, air or air force, space force or space and navy or naval.\n 4. The terms "military or naval" and "military (including air) or\nnaval" shall mean army or land, air or air force, space force or space\nor navy or naval.\n 5. The term "military service of the state" as to military personnel\nshall mean service in or with a force of the organized militia or in the\ndivision of military and naval affairs of the executive department of\nthe state. As to civilian personnel, it shall mean service in the\ndivision of military and naval affairs and not in the civil service of\nthe state.\n 6. The terms "active service" and "active duty" shall mean military\nduty in or with a force of the organized militia (not including the\ninactive national guard and not including the New York guard when in an\ninactive status) or in the division of military and naval affairs of the\nexecutive department of the state, either in a full time status or in a\npart-time status, depending upon the conditions under which the duty is\nperformed.\n 7. The term "on the active list" shall mean on the rolls of a force of\nthe organized militia, not including the inactive national guard and not\nincluding the New York guard when in an inactive status.\n 8. The terms "active military service of the United States" and "in\nthe armed forces of the United States" shall mean full time duty in the\narmy, navy, marine corps, air force, space force or coast guard of the\nUnited States.\n 9. The term "force of the organized militia" shall mean, severally,\nthe army national guard, the air national guard, the New York naval\nmilitia, the New York guard when organized, and such additional forces\nas may be created by the governor pursuant to section two of this\nchapter.\n 10. The terms "commissioned officer" and "officer" shall mean male\ncommissioned officer, female commissioned officer appointed to serve as\na nurse or medical specialist, or other female commissioned officer,\notherwise qualified, when authorized by federal statute. The terms "he",\n"his" and "him", when used with relation to "commissioned officer" or\n"officer" shall also mean she, hers and her, respectively.\n 11. The term "warrant officer" shall mean male commissioned warrant\nofficer or male warrant officer, or female commissioned warrant officer\nor female warrant officer, otherwise qualified, when authorized by\nfederal statute. The terms "he", "his" and "him", when used with\nrelation to the term "warrant officer" shall also mean she, hers and\nher, respectively.\n 12. The terms "enlisted personnel" and "enlisted person" shall mean\nmale enlisted personnel and male enlisted person respectively, and\nfemale enlisted personnel and female enlisted person, otherwise\nqualified, when authorized by federal statute. The terms "he", "his" and\n"him", when used with relation to "enlisted personnel" and "enlisted\nperson" shall also mean she, hers and her, respectively.\n