The Regiment was authorized 30 November 1776 in the Continental Army as the 5th New York. Organized 26 January 1777 to consist of 8 companies from southern New York and assigned to the Highlands Department. Relieved 22 July 1778 from the Highlands Department and assigned to the New York Brigade, an element of the Main Army. Reorganized 30 May 1779, to consist of 9 companies. New York Brigade relieved 30 May 1780 from the Main Army and assigned to the Northern Department. New York Brigade relieved 19 June 1780 from the Northern Department and assigned to the Highlands Department. New York Brigade relieved 6 November 1780 from the Highlands Department and assigned to the Northern Department. Consolidated 1 January 1781 with the 2d and 4th New York Regiments.