Edgar Filing: Goldmann Leslie

Ownership Submission

FORM 4

Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).

UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940

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(Print or Type Responses)

1. Name and Address of Reporting Person ^*

Goldmann Leslie

2. Issuer Name and Ticker or Trading Symbol
New York & Company, Inc. [NWY]

5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)

_____ Director	_____ 10% Owner
__X__ Officer (give title below)	_____ Other (specify below)
EVP, Merchandising

(Last)

(First)

(Middle)

450 W. 33RD STREET, 5TH FLOOR

3. Date of Earliest Transaction (Month/Day/Year)
06/29/2009

(Street)

NEW YORK, NY 10001

4. If Amendment, Date Original Filed(Month/Day/Year)

6. Individual or Joint/Group Filing(Check Applicable Line)
_X_ Form filed by One Reporting Person
___ Form filed by More than One Reporting Person

(City)

(State)

(Zip)

Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned

1.Title of Security (Instr. 3)	2. Transaction Date (Month/Day/Year)	2A. Deemed Execution Date, if any (Month/Day/Year)	3. Transaction Code (Instr. 8)		4. Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5)			5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4)	6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	7. Nature of Indirect Beneficial Ownership (Instr. 4)
			Code	V	Amount	(A) or (D)	Price
Common Stock								45,079 ⁽¹⁾ ⁽²⁾	D

Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
	Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.		SEC 1474 (9-02)

Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)

1. Title of Derivative Security
(Instr. 3)

2. Conversion or Exercise Price of Derivative Security

3. Transaction Date (Month/Day/Year)

3A. Deemed Execution Date, if any (Month/Day/Year)

4. Transaction Code
(Instr. 8)

5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4, and 5)

6. Date Exercisable and Expiration Date
(Month/Day/Year)

7. Title and Amount of Underlying Securities
(Instr. 3 and 4)

8. Price of Derivative Security
(Instr. 5)

9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 4)

10. Ownership Form of Derivative Security: Direct (D) or Indirect (I)
(Instr. 4)

11. Nature of Indirect Beneficial Ownership
(Instr. 4)

Code

(A)

(D)

Date Exercisable

Expiration Date

Title

Amount or Number of Shares

Options to Purchase Common Stock

$ 7.18

⁽³⁾

05/21/2018

Common Stock

30,000

Options to Purchase Common Stock

$ 4.74

⁽⁴⁾

03/19/2018

Common Stock

70,000

Options to Purchase Common Stock

$ 16

06/29/2009

11,500 ⁽⁵⁾

⁽⁶⁾

03/21/2017

Common Stock

11,500

$ 0

Options to Purchase Common Stock

$ 3.28

06/29/2009

8,919 ⁽⁵⁾

⁽⁷⁾

03/21/2017

Common Stock

8,919

$ 0

8,919

Options to Purchase Common Stock

$ 15.35

06/29/2009

25,000 ⁽⁵⁾

⁽⁸⁾

05/17/2016

Common Stock

25,000

$ 0

Options to Purchase Common Stock

$ 3.28

06/29/2009

18,308 ⁽⁵⁾

⁽⁹⁾

05/17/2016

Common Stock

18,308

$ 0

18,308

Options to Purchase Common Stock

$ 15.76

06/29/2009

5,000 ⁽⁵⁾

⁽¹⁰⁾

03/15/2016

Common Stock

5,000

$ 0

Options to Purchase Common Stock

$ 3.28

06/29/2009

3,535 ⁽⁵⁾

⁽⁹⁾

03/15/2016

Common Stock

3,535

$ 0

3,535

Options to Purchase Common Stock

$ 0.11

⁽¹¹⁾

04/02/2013

Common Stock

20,787

Reporting Owners

Reporting Owner Name / Address	Relationships
Reporting Owner Name / Address	Director	10% Owner	Officer	Other
Goldmann Leslie 450 W. 33RD STREET 5TH FLOOR NEW YORK, NY 10001			EVP, Merchandising

Signatures

/s/ Leslie Goldmann		07/01/2009
^**Signature of Reporting Person		Date

Explanation of Responses:

*	If the form is filed by more than one reporting person, see Instruction 4(b)(v).
**	Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
(1)	On November 19, 2008, the Reporting Person was granted an award of restricted stock in connection with the modification of the Company's Spring 2009 bonus plan. The Company, its senior management and its Board of Directors have agreed to modify the spring bonus plan under the Company's Incentive Compensation Plan, such that target bonuses for senior management will be reduced by 50% and will not be paid with cash but rather will be paid with an award of the Company's common stock if the Company achieves the applicable operating income targets for Spring 2009 that were approved by the Compensation Committee of its Board of Directors. For a further description of the Company's Incentive Compensation Plan, refer to its 2009 Proxy Statement filed with the Securities and Exchange Commission on May 15, 2009.
(2)	Includes 5,524 shares of common stock and 39,555 shares of restricted stock described in footnote #1.
(3)	The options become exercisable in four annual installments on the following dates: 7,500 shares on May 21, 2009; 7,500 shares on May 21, 2010; 7,500 shares on May 21, 2011; and 7,500 shares on May 21, 2012.
(4)	The options become exercisable in four annual installments on the following dates: 17,500 shares on March 19, 2009; 17,500 shares on March 19, 2010; 17,500 shares on March 19, 2011; and 17,500 shares on March 19, 2012.
(5)	The Company canceled the stock option awards granted to the Reporting Person on March 15, 2006, May 17, 2006 and March 21, 2007, pursuant to the Company's stock option exchange program approved by the Company's shareholders on June 29, 2009. In exchange for each canceled option award, the Reporting Person received a replacement option award for a lesser number of stock options with an equal fair value and an exercise price equal to the closing price of the Company's common stock on the date of grant (June 29, 2009).
(6)	The canceled options were exercisable in five annual installments on the following dates: 1,725 shares on March 21, 2008; 1,725 shares on March 21, 2009; 2,300 shares on March 21, 2010; 2,875 shares on March 21, 2011; and 2,875 shares on March 21, 2012.
(7)	The options become exercisable on the following dates: 6,689 shares on June 29, 2011 and 2,230 shares on March 21, 2012.
(8)	The canceled options were exercisable in five annual installments on the following dates: 3,750 shares on May 17, 2007; 3,750 shares on May 17, 2008; 5,000 shares on May 17, 2009; 6,250 shares on May 17, 2010; and 6,250 shares on May 17, 2011.
(9)	The options become exercisable on on June 29, 2011.
(10)	The canceled options were exercisable in five annual installments on the following dates: 750 shares on March 15, 2007; 750 shares on March 15, 2008; 1,000 shares on March 15, 2009; 1,250 shares on March 15, 2010; and 1,250 shares on March 15, 2011.
(11)	The options to purchase common stock are currently exercisable.
Remarks: Except as outlined above, the filing of this Form shall not be deemed an admission that the Reporting Person is the beneficial owner of the securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose.

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