Sec Form 4 Filing - SYMS MARCY @ SYMS CORP - 2008-10-02

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 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

OMB APPROVAL OMB Number: 3235-0287 Expires: November 30, 2011 Estimated average burden hours per response... 0.5

1. Name and Address of Reporting Person SYMS MARCY 2. Issuer Name and Ticker or Trading Symbol SYMS CORP [ SYMS] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) X __ Director X __ 10% Owner X __ Officer (give title below) _____ Other (specify below) CEO (Last) (First) (Middle) 1 SYMS WAY, ONE SYMS WAY 3. Date of Earliest Transaction (MM/DD/YY) 10/02/2008 (Street) SECAUCUS, NJ07094 4. If Amendment, Date Original Filed (MM/DD/YY) 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 (MM/DD/YY) 2A. Deemed Execution Date, if any (MM/DD/YY) 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, par value $0.05 per share 10/02/2008 M 215,837 A $ 9.9033 1,162,769 D Common Stock, par value $0.05 per share 10/02/2008 F 163,293 D $ 13.09 999,476 D Common Stock, par value $0.05 per share 10/03/2008 D 52,544 D $ 12.93 946,932 D Common Stock, par value $0.05 per share 5,896,087 I ( 1 ) See note Common Stock, par value $0.05 per share 317,183 I By the Marcy Syms Revocable Living Trust Common Stock, par value $0.05 per share 697,592 I ( 2 ) See note

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 (MM/DD/YY) 3A. Deemed Execution Da te, if any (MM/DD/YY) 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 (MM/DD/YY) 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 V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares Stock options (right to buy) $ 9.9033 10/02/2008 M 215,837 ( 3 ) 10/02/2008 Common Stock 215,837 $ 0 0 D

Reporting Owners Reporting Owner Name / Address Relationships Director 10% Owner Officer Other SYMS MARCY 1 SYMS WAY ONE SYMS WAY SECAUCUS, NJ07094 X X CEO Signatures /s/ Marcy Syms 10/03/2008 Signature of Reporting Person Date

Explanation of Responses:

( 1 )These shares of Common Stock are directly owned by The Cortlandt Enterprises Limited Partnership (the "Partnership"). The Reporting Person is the president and sole stockholder of Our Best Customer, Inc., which is the general partner of the Partnership. The Reporting Person is also a trustee and the beneficiary of the Syms Family Irrevocable Trust, which is the sole limited partner of the Partnership. ( 2 )By the Laura Merns Living Trust, of which the Reporting Person is the sole Trustee. The Reporting Person disclaims beneficial ownership of the shares owned by the Laura Merns Trust except to the extent of the Reporting Person's pecuniary interest in the Laura Merns Trust. ( 3 )These options were exercisable on October 2, 2008.

Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.

* 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).

Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
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 Number.