New York State Constitution, Article 11, Section 2

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This information is from Vol. I, p. 9 of A Record of the Commissioned Officers, Non-commissioned Officers and Privates, of the Regiments which were organized in the State of New York and called into the service of the United States to assist in supressing the rebellion caused by the secession of some of the Southern States from the Union, A. D. 1861, as taken from the Muster-in Rolls on file in the Adjutant General's Office, S. N. Y., (Albany, N. Y.: Comstock & Cassidy, Printers, 1864). It is in the Reference collection of the Johnstown Public Library at LHR 973.7 N531, and page images may be viewed at the University of Michigan's Making of America project project and Google Books.

Militia officers shall be chosen or appointed as follows: Captains, subalterns and non-commissioned officers shall be chosen by the written votes of the members of their respective companies. Field officers of regiments and separate battalions by the written votes of the commissioned officers of the respective regiments and separate battalions; brigadier-generals and brigade inspectors by the field officers of their respective brigades; major-generals, brigadier-generals and commanding officers of regiments or separate battalions, shall appoint staff officers to their respective divisions, brigades, regiments or separate battalions.