Section 42. The New York air national guard

The New York air national
  guard is the active  air  force  of  the  organized  militia  and  shall
  comprise  the  air units which are a part of the New York national guard
  at this date and such other air units as  may  be  organized  hereafter,
  including  the  personnel  who  are  enlisted, appointed or commissioned
  therein; provided, that all persons who are members of the New York  air
  national  guard  shall  be federally recognized or qualified for federal
  recognition therein.   The army aviation units  of  the  New  York  army
  national  guard  shall not be considered air units within the meaning of
  this chapter.