UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
SCHEDULE 13G
UNDER THE SECURITIES EXCHANGE ACT OF 1934
(Amendment No. 2)
NEW YORK MORTGAGE TRUST, INC.
(Name of Issuer)
Common Stock, $0.01 Par Value
(Title of Class of Securities)
649604501
(CUSIP Number)
December 31, 2009
(Date of Event which Requires Filing of this Statement)
Check the appropriate box to designate the rule pursuant to which this
Schedule is filed:
|_| Rule 13d-1(b)
|X| Rule 13d-1(c)
|_| Rule 13d-1(d)
*The remainder of this cover page shall be filled out for a reporting
person's initial filing on this form with respect to the subject class of
securities, and for any subsequent amendment containing information which
would alter the disclosures provided in a prior cover page.
The information required in the remainder of this cover page shall not be
deemed to be "filed" for the purpose of Section 18 of the Securities
Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of
that section of the Act but shall be subject to all other provisions of
the Act (however, see the Notes).
1 Name of Reporting Person
Joseph A. Jolson
IRS Identification No. of Above Person
2 Check the Appropriate Box if a member of a Group
(a) |_|
(b) |_|
3 SEC USE ONLY
4 Citizenship or Place of Organization
United States of America
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH
5 Sole Voting Power
634,734
6 Shared Voting Power
0
7 Sole Dispositive Power
634,734
8 Shared Dispositive Power
0
9 Aggregate Amount Beneficially Owned by Each Reporting Person
634,734
10 Check Box if the Aggregate Amount in Row (9) Excludes Certain
Shares |_|
11 Percent of Class Represented by Amount in Row 9
6.74%
12 Type of Reporting Person
IN
Item 1(a). Name of Issuer:
NEW YORK MORTGAGE TRUST, INC.
Item 1(b). Address of Issuer's Principal Executive Offices:
52 Vanderbilt Avenue, Suite 403
New York, New York 10017
Item 2(a). Names of Person Filing:
Joseph A. Jolson
Item 2(b). Address of Principal Business Office or, if none, Residence:
600 Montgomery Street, Suite 2000
San Francisco, CA 94111
Item 2(c). Citizenship:
United States of America
Item 2(d). Title of Class of Securities:
Common Stock, $0.01 par value.
Item 2(e). CUSIP Number:
649604501
Item 3. Type of Reporting Person.
If this statement is filed pursuant to Rule 13d-1(b) or Rule 13d-2(b) or
(c), check whether the person filing is a:
Not applicable.
Item 4. Ownership.
(a) Amount beneficially owned:
634,734 Shares
(b) Percent of class:
6.74%
(c) Number of shares as to which such person has:
(i) Sole power to vote or direct the vote:
634,734
(ii) Shared power to vote or to direct the vote:
0
(iii) Sole power to dispose or direct the disposition of:
634,734
(iv) Shared power to dispose or to direct the disposition of:
0
Reference is made to those certain filings, as amended, on Schedule 13D
by Harvest Capital Strategies LLC ("HCS") and JMP Group Inc. ("JMP Group"),
on
which HCS reports certain shares of the Issuer of which it is the beneficial
owner by virtue of its status as an investment manager with discretion over
certain accounts, and JMP Group reports certain shares of which it is the
owner of record. HCS is a wholly-owned subsidiary of JMP Group.
Reporting Person is Chairman of the board of directors and Chief
Executive
Officer of JMP Group. He is not a controlling shareholder of JMP Group. He
is one of four members of JMP Group's investment committee and, as a result,
does not
control investment decisions regarding securities owned by JMP Group.
Reporting Person is the Chairman and Chief Executive Officer of HCS.
He
does not own any equity securities of HCS. He is the officer of HCS to whom
responsibility for portfolio management of two investment funds HCS manages
(Harvest Opportunity Partners II, L.P. and Harvest Opportunity Partners
Offshore
Fund, Ltd. (the "HOP Funds")) is currently assigned and is an investor in
such
funds. Other officers of HCS are responsible for portfolio management of
other investment funds and vehicles (including Harvest Mortgage Opportunities
Partners, L.P., in which he is an equity holder) that own shares of the
Issuer reported on HCS' Schedule 13D. Reporting Person disclaims beneficial
ownership as described herein of such holdings.
Under the definition of "beneficial ownership" in Rule 13d-3 under the
Securities Exchange Act of 1934, it is possible that Reporting Person and/or
one or more other executive officers or employees of JMP might be deemed a
"beneficial owner" of some or all of the Issuer's securities to which HCS'
and JMP Group's Schedules 13D relate in that they might be deemed to share
the power to direct the voting or disposition of such securities. Reporting
Person disclaims such beneficial ownership, and the foregoing references to
Schedules 13D filed by HCS and JMP Group shall not be deemed to constitute an
admission that he is, for any purpose, the beneficial owner of any of the
Issuer's securities other than the ones to which this Schedule relates.
Further, Reporting Person disclaims any "group" status or shared investment
control with respect to any securities held by any other person.
Item 5. Ownership of Five Percent or Less of a Class.
Not applicable.
Item 6. Ownership of More Than Five Percent on Behalf of Another Person.
Not applicable.
Item 7. Identification and Classification of the Subsidiary Which
Acquired the Security
Being Reported on by the Parent Holding Company.
Not applicable.
Item 8. Identification and Classification of Members of the Group.
Not applicable.
Item 9. Notice of Dissolution of Group.
Not applicable.
Item 10. Certification.
By signing below I certify that, to the best of my knowledge
and belief, the securities referred to above were acquired and are held
in the ordinary course of business and were not acquired and are not held
for the purpose of or with the effect of changing or influencing the
control of the issuer of the securities and were not acquired and are not
held in connection with or as a participant in any transaction having
that purpose or effect.
Signature
After reasonable inquiry and to the best of my knowledge and
belief, I certify that the information set forth in this statement is
true, complete and correct.
Dated: February 12, 2010
By: /s/ Joseph A. Jolson
Joseph A. Jolson, Individually