The Assembly districts were made up of entire towns, or city wards, forming a contiguous area, all in the same county.

After the split in 1848, the Democratic factions (see Barnburners and Hunkers and Free Soil Party) held separate state conventions, but ran joint tickets.

The Legislature met for the regular session at the Old State Capitol in Albany on January 1, 1850; and adjourned on April 10.

In view of the precedent of 1816 (see 39th New York State Legislature#Sessions), upon taking his seat, Fullerton "claimed to have been fairly, legally and equitably chosen," but "not desiring to cause any delay or embarrassment in the organization of the House," he "declined to vote or take any part in the election of officers of the House."

[2] On February 26, Daniel T. Durland (D) was seated in place of Fullerton (W) which ended the "split Assembly" and gave the Democrats a nominal majority of 2.

Due to the absence of Speaker Elderkin, de facto the Whigs had a majority of 1, which was inverted after seating Durland.