The 61st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 2 to April 18, 1838, during the sixth year of William L. Marcy's governorship, in Albany.

Under the provisions of the New York Constitution of 1821, 32 Senators were elected on general tickets in eight 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.

At this time there were two political parties: the Democratic Party and the Whig Party.

In May 1837, the Panic of 1837 broke out, and led to a severe financial crisis. The incumbent Democratic State government was blamed for it by the voters, and the opposing Whig Party won the election in November in a landslide.

The State election was held from November 6 to 8, 1837. Gulian C. Verplanck (1st D.), Henry A. Livingston (2nd D.), Edward P. Livingston (3rd D.), Martin Lee (4th D.), Avery Skinner (5th D.), Laurens Hull (6th D.), John Maynard (7th D.) and William A. Moseley (8th D.) were elected to the Senate. Edward P. Livingston and Avery Skinner were Democrats, the other six were Whigs.

The Legislature met for the regular session at the Old State Capitol in Albany on January 2, 1838; and adjourned on April 18.

Luther Bradish (W) was elected Speaker.

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