As filed with the Securities and Exchange Commission on October 12, 2006
Registration Statement No. 333-117228
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
____________________
 
 
POST-EFFECTIVE AMENDMENT
TO
FORM S-8
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933
____________________
 
NEW YORK MORTGAGE TRUST, INC.
(Exact name of Registrant as specified in its Charter)

 
Maryland
47-0934168
(State or Other Jurisdiction of
(I. R.S. Employer Identification Number)
Incorporation or Organization)
 
 
1301 Avenue of the Americas
New York, New York 10019
(212) 634-9400
(Address of principal executive office, including zip code)
 
NEW YORK MORTGAGE TRUST, INC.
2004 STOCK INCENTIVE PLAN
(Full title of the Plan)
______________________
 
Steven B. Schnall
David A. Akre
Co-Chief Executive Officers
New York Mortgage Trust, Inc.
1301 Avenue of the Americas
New York, New York 10019
(212) 634-9400
(Name, address, including zip code, and telephone number including area code, of agent for service)
 

 
With copies to:
 
Daniel M. LeBey, Esq.
Hunton & Williams LLP
Riverfront Plaza, East Tower
951 E. Byrd Street
Richmond, Virginia 23219-4074
(804) 788-8200
____________________
 
 


DEREGISTRATION OF 189,216 SHARES OF COMMON STOCK
 
New York Mortgage Trust, Inc. (the “Company”) registered 1,088,125 shares of common stock (the “Common Stock”) of the Company on a Registration Statement on Form S-8 (File No. 333-117228) (the “Registration Statement”), filed on July 8, 2004, which shares are issuable pursuant to the Company’s 2004 Stock Incentive Plan (the "2004 Plan").
 
The purpose of this Post-Effective Amendment to the Registration Statement is to deregister 189,216 of the shares of Common Stock registered pursuant to the Registration Statement and which remain unissued. The registration of those 189,216 shares of Common Stock under the 2004 plan is no longer necessary since they are now issuable pursuant to the Company’s 2005 Stock Incentive Plan.
 
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SIGNATURES
 
Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-8 and has duly caused this Post-Effective Amendment to the Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of New York, State of New York on October 12, 2006.
     
  NEW YORK MORTGAGE TRUST, INC.
 
(Registrant)
   
   
  By: /s/Michael I. Wirth
  Michael I. Wirth
  Chief Financial Officer
 
 
Pursuant to the requirements of the Securities Act of 1933, this Post-Effective Amendment to the Registration Statement has been signed by the following persons in the capacities and on the date indicated.

Signature
  
Title
  
Date
         
/s/ Steven B. Schnall    
Steven B. Schnall
 
  
Chairman of the Board, President and Co-Chief Executive Officer
(principal executive officer)
  
October 12, 2006
 
/s/ David A. Akre        
David A. Akre
 
  
Director and Co-Chief Executive Officer
(principal executive officer)
  
October 12, 2006
 
/s/ Michael I. Wirth        
Michael I. Wirth
 
  
Chief Financial Officer, Executive Vice President, Secretary and Treasurer
(principal financial officer and principal accounting officer)
  
October 12, 2006
 
/s/ David R. Bock        
David R. Bock
  
Director
 
  
October 11, 2006
 
/s/ Alan L. Hainey        
Alan L. Hainey
  
Director
 
  
October 10, 2006
 
/s/ Steven G. Norcutt        
Steven G. Norcutt
  
Director
 
  
October 6, 2006
 
/s/ Mary Dwyer Pembroke        
Mary Dwyer Pembroke
  
Director
 
  
October 11, 2006
 
                                      
        
Jerome F. Sherman
  
Director
 
  
 
 
/s/ Thomas W. White        
Thomas W. White
  
Director
 
  
October 11, 2006
 
 
 
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