<PAGE>
Rule 24f-2 Notice for ML of New York
Variable Annuity Separate Account
File Nos. 33-40858 and 33-40911
1. This Notice is filed for the fiscal year ended December 31, 1994;
2. There were no variable annuity contracts ("contracts") which had been
registered under the Securities Act of 1933 other than pursuant to this
section but which remained unsold at the beginning of such fiscal year;
3. There were no contracts registered during such fiscal year other than
pursuant to this section;
4. The amount of contracts sold during such fiscal year was $25,166;
5. The amount of contracts sold during such fiscal year in reliance upon
registration pursuant to this section was $25,166; and
6. The amount of redemptions made with respect to contracts during the fiscal
year was $698,676. The filing fee computed in accordance with paragraph
(c) of Rule 24f-2 is $100.00.(1)
February 23, 1995
ML of New York Variable Annuity Separate
Account
(Registrant)
By: ML Life Insurance Company of New York
(Depositor)
By: /s/ Joseph E. Crowne
-----------------------------------
Joseph E. Crowne
Chief Financial Officer
(1)($25,166 - $698,676) x .00034482758 < $100.00