1. All commissioned officers of the organized militia shall be appointed and promoted by the governor upon recommendation of the commanding general or the commanding officer of the force in which such officers are to serve. 2. General officers above the grade of brigadier-general and flag officers above the grade of commodore shall be appointed and promoted by the governor with the consent of the senate. During the time that the senate is not in session the governor may make such appointment subject to subsequent confirmation by the senate.
New York Legal Code