Under the provisions of the New York Constitution of 1894, re-apportioned in 1917, 51 Senators and 150 assemblymen were elected in single-seat districts; senators for a two-year term, assemblymen for a one-year term.

Also, delegates for a Constitutional Convention, to be held later that year after the legislative session, were elected.

The Legislature met for the regular session at the State Capitol in Albany on January 5, 1938; and adjourned in the evening of March 19.

[2] Oswald D. Heck (Rep.) was re-elected Speaker, with 83 votes against 55 for Irwin Steingut (Dem.)

[3] The Constitutional Convention met at the State Capitol in Albany on April 5;[4] and adjourned on August 26.