The 33rd New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 30 to April 6, 1810, during the third year of Daniel D. Tompkins's governorship, in Albany.

Under the provisions of the New York Constitution of 1777, amended by the Constitutional Convention of 1801, 32 Senators were elected on general tickets in the four senatorial districts for four-year terms. They were divided into four classes, and every year eight Senate seats came up for election. Assemblymen were elected countywide on general tickets to a one-year term, the whole Assembly being renewed annually.

In 1797, Albany was declared the State capital, and all subsequent Legislatures have been meeting there ever since. In 1799, the Legislature enacted that future Legislatures meet on the last Tuesday of January of each year unless called earlier by the governor.

In 1808, Cortland County was split from Onondaga County, and in 1809 was apportioned 1 seat in the Assembly, taken from Onondaga. In 1809, Schenectady County was split from Albany County, and was apportioned 2 seats in the Assembly, taken from Albany. Also in 1809, Sullivan County was split from Ulster County, but both remained in a joint Assembly district.

At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans.

At this time the major political controversy was the Embargo Act of 1807 which was supported by the Democratic-Republicans, but opposed by the Federalists. The Embargo was very unpopular and led to a revival of the Federalist Party which had been reduced to a small minority (without any member in the Senate from 1806 to 1808), but at the State election in April 1809 already won a majority of the Assembly seats.

The State election was held from April 25 to 27, 1809. Israel Carll (Southern D.), Johannes Bruyn, Samuel Haight (both Middle D.), Daniel Paris, John Stearns, (both Eastern D.), Amos Hall, Seth Phelps and Jonas Platt (all three Western D.) were elected to the Senate. Carll, Bruyn and Haight were Democratic-Republicans, the other five were Federalists.

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