New York Military Code § 80

Tenure of commissioned officers
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§ 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 upon the\nfindings of an examining board appointed pursuant to section\nseventy-five of this chapter; or, as provided by section seventy-eight\nof this chapter, for absence without leave for a period of three months;\nprovided, however, that a commissioned officer may be transferred to the\nstate reserve list or state retired list as provided by section twenty\nand section twenty-one of this chapter, respectively.\n

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