The 5th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from October 10, 1781, to April 14, 1782, during the fifth year of George Clinton's governorship, at Poughkeepsie.

Under the provisions of the New York Constitution of 1777, the State Senators were elected on general tickets in the senatorial districts, and were then divided into four classes. Six senators each drew lots for a term of 1, 2, 3 or 4 years and, beginning at the election in April 1778, every year six Senate seats came up for election to a four-year term. Assemblymen were elected countywide on general tickets to a one-year term, the whole assembly being renewed annually.

On May 8, 1777, the Constitutional Convention had appointed the senators from the Southern District, and the assemblymen from Kings, New York, Queens, Richmond and Suffolk counties—the area which was under British control—and determined that these appointees serve in the Legislature until elections could be held in those areas, presumably after the end of the American Revolutionary War. Vacancies among the appointed members in the Senate should be filled by the Assembly, and vacancies in the Assembly by the Senate.

The State elections were held from April 24 to 26, 1781. Under the determination by the Constitutional Convention, Senator Sir James Jay, whose seat was up for election, continued in office, as well as the assemblymen from Kings, New York, Queens, Richmond and Suffolk counties. Levi Pawling (Middle D.) and Alexander Webster (Eastern D.) were re-elected. John Haring (Middle D.), and ex-assemblymen Henry Oothoudt and William B. Whiting (Western D.) were also elected to the Senate. Ex-Assemblyman Thomas Palmer was elected in the Middle District to fill the vacancy caused by the expulsion of Ephraim Paine.

The State Legislature met in Poughkeepsie, the seat of Dutchess County. The Senate met first on October 10, 1781, the Assembly on October 24; the Senate adjourned on November 3, the Assembly on November 23. The Assembly reconvened on February 21, 1782, the Senate on February 23; and both Houses adjourned on April 14. The seat of Sir James Jay was declared vacant when he joined the Loyalists, and at the end of the American Revolutionary War he went into exile in London.

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