-----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, FM8m/CUVflAlDVPZ1ouqrSUSlpf8coc5rRauKXNgWOR5d7PcaSVhWYo1HoOyVoOT R9+bQbCKutHncwIg1ZDdtA== 0001407599-07-000002.txt : 20070815 0001407599-07-000002.hdr.sgml : 20070815 20070815143532 ACCESSION NUMBER: 0001407599-07-000002 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20070815 DATE AS OF CHANGE: 20070815 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: ARK RESTAURANTS CORP CENTRAL INDEX KEY: 0000779544 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 133156768 STATE OF INCORPORATION: NY FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-37165 FILM NUMBER: 071059280 BUSINESS ADDRESS: STREET 1: 85 FIFTH AVENUE CITY: NEW YORK STATE: NY ZIP: 10003-3019 BUSINESS PHONE: 2122068800 MAIL ADDRESS: STREET 1: 85 FIFTH AVENUE CITY: NEW YORK STATE: NY ZIP: 10003-3019 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Hershkowitz Irving CENTRAL INDEX KEY: 0001407599 FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: BUSINESS PHONE: 718-821-2200 MAIL ADDRESS: STREET 1: BIG GEYSER, INC STREET 2: 57-65 48TH STREET CITY: MASPETH STATE: NY ZIP: 11378 SC 13D/A 1 schedule13da08152007.txt FIRST AMENDMENT TO SCHEDULE 13D UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 Ark Restaurants Corp. (Name of Issuer) Common Stock, par value $0.01 per share (Title of Class of Securities) 040712 10 1 (CUSIP Number) Irving Hershkowitz c/o Big Geyser, Inc. 57-65 48th Street Maspeth, NY 11378 (718) 821-2200 (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) July 25, 2007 (Date of Event which Requires Filing of this Statement) If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of Sections 240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box [ ]. Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See Rule 13d-7 for other parties to whom copies are to be sent. * The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page. The information required on the remainder of this cover page shall not be deemed to be "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes). (Continued on following pages) CUSIP No. 040712 10 1 (1) Names of Reporting Persons I.R.S. Identification No. of above persons (entities only). Irving Hershkowitz (2) Check the Appropriate Box if a Member of a Group (a) (b) (3) SEC Use Only (4) Source of Funds (See Instructions) PF (5) Check if Disclosure of Legal Proceedings is Required Pursuant to Items 2(d) or 2(e) [ ] (6) Citizenship or Place of Organization United States of America Number of (7) Sole Voting Power Shares 353,000 shares Beneficially (8) Shared Voting Power Owned by -0- Each (9) Sole Dispositive Power Reporting 353,000 shares Person (10) Shared Dispositive Power With -0- (11) Aggregate Amount Beneficially Owned by Each Reporting Person 353,000 shares (12) Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions) (13) Percent of Class Represented by Amount in Row (11) 9.889% (14) Type of Reporting Person IN Item 1. Security and Issuer This Schedule 13D relates to the common stock, $0.01 par value per share, of Ark Restaurants Corp., a New York corporation ("Ark"), with principal executive offices located at 85 Fifth Avenue, New York, NY 10003. Item 2. Identity and Background The person filing this report is Irving Hershkowitz, an individual with a business address c/o Big Geyser, Inc., 57-65 48th Street, Maspeth, NY 11378. Mr. Hershkowitz is the President of Big Geyser, Inc., a distributor of non-alcoholic beverages. During the past five years, Irving Hershkowitz has neither been convicted in any criminal proceeding (excluding traffic violations or similar misdemeanors), nor was he a party to a civil proceeding of a judicial or administrative body of competent jurisdiction, as a result of which he became subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding any violation with respect to such laws. Mr. Hershkowitz is a citizen of the United States of America. Item 3. Source and Amount of Funds or Other Consideration Irving Hershkowitz used his own personal funds to purchase of the securities. Item 4. Purpose of Transaction The purpose of the acquisition of the securities was for investment purposes only. Item 5. Interest in Securities of the Issuer Mr. Hershkowitz owns 353,000 shares of Ark of the total issued and outstanding number of shares of 3,569,299 (as set forth on Arks' Form 10-K filed for the fiscal year ended September 30, 2006). During the last 60 days, Mr. Hershkowitz has bought and sold shares of Ark. Item 6. Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer There are no contracts, arrangements, understandings or relationships between Irving Hershkowitz and Ark. Item 7. Material to Be Filed as Exhibits There is no material to be filed as Exhibits. SIGNATURE After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct. Dated: August 15, 2007 Irving Hershkowitz -----END PRIVACY-ENHANCED MESSAGE-----