-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, JQISJqKYZXXBa7rQDeyWmNy2tNYk5T6zvDrdwlmIlLQfI2gBqkvHfJ9jP27Bl+wp p3XImpnxEXRcwcJixdWuaA== 0001140361-04-002097.txt : 20040331 0001140361-04-002097.hdr.sgml : 20040331 20040331144150 ACCESSION NUMBER: 0001140361-04-002097 CONFORMED SUBMISSION TYPE: NT 10-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20031231 FILED AS OF DATE: 20040331 EFFECTIVENESS DATE: 20040331 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NEW YORK HEALTH CARE INC CENTRAL INDEX KEY: 0001018354 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-HOME HEALTH CARE SERVICES [8082] IRS NUMBER: 112636089 STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: NT 10-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12451 FILM NUMBER: 04705457 BUSINESS ADDRESS: STREET 1: 1850 MCDONALD AVE CITY: BROOKLYN STATE: NY ZIP: 11223 BUSINESS PHONE: 7184210500 MAIL ADDRESS: STREET 1: 1850 MCDONALD AVE CITY: BROOKLYN STATE: NY ZIP: 11223 NT 10-K 1 doc1.htm Form 12B25
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549

FORM 12b-25

NOTIFICATION OF LATE FILING



SEC FILE NUMBER 1-12451

CUSIP NUMBER 64948720-4


|X|   Form 10-K   |  |   Form 20-F   |  |   Form 11-K   |  |   Form 10-Q   |  |   Form NSAR  

For the period ended: December 31, 2003

|  |   Transition Report on Form 10-K  
|  |   Transition Report on Form 20-F  
|  |   Transition Report on Form 11-K  
|  |   Transition Report on Form 10-Q  
|  |   Transition Report on Form NSAR  

For the transition period ended: 
Read attached Instruction Sheet Before Preparing Form. Please Print or Type.


Nothing in this form shall be construed to imply that the Commission has verified any information contained herein.
If the notification related to a portion of the filing checked above, identify the item(s) to which notification relates:

     


Part I-Registrant Information
  Full name of Registrant:
Former name if Applicable:
Address of Principal Executive Office (Street and Number):
City, State and Zip Code:
NEW YORK HEALTH CARE, INC.

1850 McDonald Avenue
Brooklyn, New York 11223


Part II-Rule 12b-25(b) and (c)
If the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule 12b-25(b), the following should be completed.(Check box if appropriate.)




|X|
   

(a)    The reasons described in detail in Part III of this form could not be eliminated without unreasonable effort or expense;

(b)    The subject annual report, semi-annual report, transition report of Forms 10-K, 10-KSB, 20-F, 11-K or Form N-SAR, or portion thereof will be filed on or before the 15th calendar day following the prescribed due date; or the subject quarterly report or transition report on Form 10-Q, 10-QSB, or portion thereof will be filed on or before the fifth calendar day following the prescribed due date; and

(c)    The accountant's statement or other exhibit required by Rule 12b-25(c) has been attached if applicable.



Part III-Narrative
State below in reasonable detail the reasons why Forms 10-K, 20-F, 11-K, 10-Q, 10-QSB, N-SAR or the transition report portion thereof could not be filed within the prescribed time period.

     The registrant could not complete its annual report on Form 10-K for the fiscal year ended December 31, 2003 on a timely basis due to certain unforeseen difficulties in connection with its preparation.

Part IV-Other Information
     (1)   Name and telephone number of person to contact in regard to this notification:

Jacob Rosenberg (718) 375-6700

(Name) (Area Code) (Telephone Number)


     (2)   Have all other periodic reports required under Section 13 or 15(d) of the Securities Exchange Act of 1934 or Section 30 of the Investment Company Act of 1940 during the preceding 12 months or for such shorter period that the registrant was required to file such report(s) been filed?
|X|   Yes   |  |   No  
If the answer is no, identify report(s)

     

     (3)    Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof?
|X|   Yes   |  |   No  

If so: attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made.


     ATTACHMENT TO PART IV OF
      FORM 12b-25 OF
      NEW YORK HEALTH CARE, INC.
      
      With respect to its Form 10-K for fiscal year ended December 31, 2003
      
      The registrant estimates that its results of operations for the fiscal year ended December 31, 2003 ("Fiscal 2003") as reflected in its statements of operations to be included in its Form 10-K for the fiscal year ended December 31, 2003 will reflect an increase in net revenues to $45,000,000 compared to $0 for the fiscal year ended December 31, 2002 ("Fiscal 2002"). The revenues for Fiscal 2002 reflect only the revenues of BioBalance, Inc. before its merger (the "Merger") with and into a subsidiary of New York Healthcare, Inc. in January 2003. The Merger was a reverse acquisition, with Biobalance being the acquirer for accounting purposes. The revenues for Fiscal 2003 include the post-Merger revenues for the combined company (the "Company"). In addition, the registrant expects to report a net loss of $22,000,000 in Fiscal 2003 compared to a net loss 1,400,000 in Fiscal 2002. The increase in loss is due in large part to the impairment of $17,869,339 in goodwill that the Company recognized upon consummation of the Merger.

NEW YORK HEALTH CARE, INC.

Name of Registrant as Specified in Charter

Has caused this notification to be signed on its behalf by the undersigned thereunto duly authorized.


Date: March  31,  2004 By:  /s/ Jacob Rosenberg
Jacob Rosenberg
Vice President, Chief Operating Officer, Chief Financial Officer and Accounting Officer, Secretary


INSTRUCTION: The form may be signed by an executive officer of the registrant or by any other duly authorized representative. The name and title of the person signing the form shall be typed or printed beneath the signature. If the statement is signed on behalf of the registrant by an authorized representative (other than an executive officer), evidence of the representative's authority to sign on behalf of the registrant shall be filed with the form.
ATTENTION

Intentional misstatements or omissions of fact constitute Federal Criminal Violations (See 18 U.S.C. 1001).

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