N.Y. Mil. Law § 48
The governor shall conform the organization of the New York national guard and the New York naval militia, including the composition of all units thereof, to the organization of national guard and naval militia units prescribed by the laws of the United States and the regulations issued thereunder. For that purpose, the governor is hereby authorized to organize, reorganize, inactivate or disband any unit, headquarters or staff therein; to increase or decrease the number of commissioned officers, commissioned warrant officers, warrant officers and enlisted personnel of any grade therein; and to increase or decrease the strength of the New York national guard and the New York naval militia; provided, that no organization of the New York national guard the members of which shall be entitled to and shall have received compensation under the applicable laws of the United States shall be disbanded without the consent of the president of the United States, nor, without such consent, shall the commissioned or enlisted strength of any organization in the New York national guard be reduced below the minimum that shall be prescribed therefor by the president of the United States.
N.Y. Mil. Law § 48