 Livingston again served, replacing Merchant, beginning on January 3, 1826 until January 1, 1828 when Francis Seger, who later became a member of the New York State Senate, took over.Livingston served as District Attorney of Albany County from June 14, 1825 to March 27, 1838.He was a member of the New York State Assembly representing Albany Co., in 1833, 1835 and 1837, and was Speaker in 1837, serving alongside Charles Humphrey.