Subject: File No. S7-08-09
From: Carl A Malatesta, Esq.
Affiliation: Financial Manager

May 6, 2009

May 6, 2009

Dear Chairman Schapiro:

As a small individual investor, I support the Original Uptick Rule, which served the small investor and the Market well for over sixty years. We must support a "level playing field". Some critics maintain it provided no benefit, I disagree.


Carl A. Malatesta