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U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 24F-2
Annual Notice of Securities Sold
Pursuant to Rule 24f-2
Read instructions at end of Form before preparing Form.
Please print or type.
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1. Name and address of issuer: ML of New York Variable Annuity Separate
Account
100 Church Street, 11th Floor
New York, New York 10080-6511
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2. Name of each series or class of funds for which this notice is filed: NOT
APPLICABLE
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3. Investment Company Act File Number: 811-6320
Securities Act File Number(s): 33-40858* and 33-40911
*The fee, if any, is being paid on the filing for 33-40858.
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4. Last day of fiscal year for which this notice is filed:
December 31, 1996
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5. Check box if this notice is being filed more than 180 days after the close
of the issuer's fiscal year for purposes of reporting securities sold
after the close of the fiscal year but before termination of the issuer's
24f-2 declaration [ ]:
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6. Date of termination of issuer's declaration under rule 24f-2(a)(1), if
applicable (see Instruction A.6):
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7. Number and amount of securities of the same class or series which had been
registered under the Securities Act of 1933 other than pursuant to rule
24f-2 in a prior fiscal year, but which remained unsold at the beginning of
the fiscal year: NONE
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8. Number and amount of securities registered during the fiscal year other
than pursuant to rule 24f-2: NONE
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9. Number and aggregate sale price of securities sold during the fiscal year:
$24,707
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10. Number and aggregate sale price of securities sold during the fiscal year
in reliance upon registration pursuant to rule 24f-2: $24,707
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11. Number and aggregate sale price of securities issued during the fiscal
year in connection with dividend reinvestment plans, if applicable (see
Instruction B.7): NONE
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12. Calculation of registration fee:
(i) Aggregate sale price of securities sold
during the fiscal year in reliance on rule
24f-2 (from Item 10): $ 24,707
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(ii) Aggregate price of shares issued in
connection with dividend reinvestment
plans (from Item 11, if applicable): + $ 0
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(iii) Aggregate price of shares redeemed or
repurchased during the fiscal year (if
applicable): - $189,672
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(iv) Aggregate price of shares redeemed or
repurchased and previously applied as a
reduction to filing fees pursuant to rule
24e-2 (if applicable): + $ 0
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(v) Net aggregate price of securities sold and issued
during the fiscal year in reliance on rule 24f-2
(line (i), plus line (ii), less line
(iii), plus line (iv) (if applicable): ($164,965)
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(vi) Multiplier prescribed by Section 6(b) of the
Securities Act of 1933 or other applicable law or
regulation (see Instruction C.6):
x 1/3300
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(vii) Fee due [line (i) or line (v) multiplied by
line (vi)]: $ 00.00*
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Instruction: Issuers should complete lines (ii), (iii), (iv), and (v) only
if the form is being filed within 60 days after the close of the
issuer's fiscal year. See Instruction C.3.
*The fee, if any, is being paid on the filing for 33-40858.
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13. Check box if fees are being remitted to the Commission's lockbox depository
as described in section 3a of the Commission's Rules of Informal and Other
Procedures (17 CFR 202.3a). [ ]
Date of mailing or wire transfer of filing fees to the Commission's
lockbox depository:
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SIGNATURES
This report has been signed below by the following persons on behalf
of the issuer and in the capacities and on the dates indicated.
By (Signature and Title)* /s/Joseph E. Crowne, Jr. Chief Financial Officer
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Joseph E. Crowne, Jr. Chief Financial Officer
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Date February 25, 1997
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*Please print the name and title of the signing officer below the signature.
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[ML LIFE INSURANCE COMPANY OF NEW YORK]
February 25, 1997
Board of Directors
ML Life Insurance Company of New York
11th Floor
100 Church Street
New York, New York 10080-6511
To the Board of Directors:
This opinion is furnished in connection with the registration of
variable annuity contracts under the Securities Act of 1933 ("1933 Act")
pursuant to the provisions of Rule 24f-2 ("Rule") under the Investment Company
Act of 1940. In rendering this opinion, I have reviewed such matters of fact and
issues of law as I have deemed necessary or appropriate.
During the year ended December 31, 1996, ML Life Insurance Company
of New York ("Company") sold $24,707 of variable annuity contracts pursuant to
registration statements of the ML of New York Variable Annuity Separate Account
under the 1933 Act, File Nos. 33-40858 and 33-40911. The registration of the
policies so sold is to be made definite by the filing of a Rule 24f-2 Notice in
accordance with the Rule.
In my opinion, the policies the registration of which is made
definite by the filing of the Notice were legally issued and are legal and
binding obligations of the Company in accordance with their terms.
Very truly yours,
/s/ Edward W. Diffin, Jr.
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Edward W. Diffin, Jr.
Vice President and
Senior Counsel
