| 40th New York State Legislature | |||||
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 The Old State Capitol (1879) | |||||
| Overview | |||||
| Legislative body | New York State Legislature | ||||
| Jurisdiction | New York, United States | ||||
| Term | July 1, 1816 – June 30, 1817 | ||||
| Senate | |||||
| Members | 32 | ||||
| President | Lieutenant Governor John Tayler (Dem.-Rep.), until February 24, 1817 | ||||
| Temporary President | Philetus Swift (Democrat-Republican), from February 24, 1817 | ||||
| Party control | Democratic-Republican (25-7) | ||||
| Assembly | |||||
| Members | 126 | ||||
| Speaker | David Woods (Democrat-Republican) | ||||
| Party control | Democratic-Republican (84-33) | ||||
| Sessions | |||||
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The 40th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from November 5, 1816, to April 15, 1817, during the tenth year of Daniel D. Tompkins's governorship, and while John Tayler was Acting Governor, in Albany.