The regiment was part of Sickles' Excelsior Brigade and their first commander was sailor and engineer COL Charles K. Graham.

This regiment was recruited under the special authority of the War Department, issued to Congressman Sickles; organized under COL Graham at Camp Scott, Long Island, and mustered in the service of the United States for three years between June 30 and October 6, 1861.

August 3, 1864, the remaining men, not entitled to be discharged with their respective companies, were assigned to the 40th N. Y.

The companies were recruited principally:[note 1] The regiment left the State August 20, 1861; served in Sickles' Brigade, Hooker's Division, Army of the Potomac, from September, 1861; in same, 2d, Brigade, 2d Division, 3d Corps, Army of the Potomac, from March, 1862; in 2d Brigade, 4th Division, 2d Corps, Army of the Potomac, from April, 1864; in 4th Brigade, 3d Division, 2d Corps, Army of the Potomac, from May 13, 1864; in 1st Brigade, 3d Division, 2d Corps, Army of the Potomac, from July, 1864; and it was honorably discharged and mustered out, under LTC William H. Lounsbery, by companies, before Petersburg, Va.; Company D, June 19, 1864; A, June 21; B, June 26; G, June 28; C, July 6; and E, F, H, I and K, August 3, 1864.

[3] Four members of the regiment were awarded the Medal of Honor for their actions at the Battle of Chancellorville in May 1863, for volunteering to advance on Confederate lines under heavy fire and bring back information: privates Felix Brannigan and Joseph Gion, Corporal Gotlieb Luty, and Sergeant Major Eugene P.