Section 40. Appointment of commanders

1. The commanding generals of the
  New York army national guard and the New York guard,  the  commander  of
  the  New  York  air national guard and the commanding officer of the New
  York naval militia shall be appointed by the  governor  and  shall  hold
  command  at  the  pleasure of the governor. They shall be responsible to
  the governor for the military efficiency of their respective forces.
    2. The New York army national guard shall be commanded  by  a  general
  officer  who  shall  be  federally  recognized  or qualified for federal
  recognition in a grade not below that of major general.
    3. The New York air national guard shall be  commanded  by  a  general
  officer  who  shall  be  federally  recognized  or qualified for federal
  recognition in a grade not below that of brigadier general, and who  has
  received an aeronautical rating as a pilot of service types of aircraft.
    4. The organized militia shall be commanded by the adjutant general to
  the governor, subject to the orders of the governor.