ITEM 1. SECURITY AND ISSUER
The securities as to which this Amendment Number 6 to Schedule 13D (the “Amendment”) relates are shares of common stock, par value $0.001 per share (the “Common Stock”), of the Issuer, whose principal executive offices are located at 3475 Victory Boulevard, Staten Island, NY 10314.
ITEM 2. IDENTITY AND BACKGROUND
(a) Name: David Gordon
(b) Business Residence: 3475 Victory Boulevard, Staten Island, NY 10314
(c) Present Occupation: The Reporting Person is the Senior Vice President-Operations of the Issuer.
(d) During the last five years, the Reporting Person has not been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors).
(e) During the past five years, the Reporting Person has not been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and as a result of such proceeding was or is 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.
(f) Citizenship: United States
ITEM 3. SOURCE AND AMOUNT OF FUNDS OR OTHER CONSIDERATION
ITEM 4. PURPOSE OF TRANSACTION
As of September 18, 2012, the Reporting Person holds a total of 413,125 shares of Common Stock of the Issuer, or 6.5% of the shares of Common Stock deemed issued and outstanding. The shares of Common Stock reported in the table above include 49,940 shares of Common Stock held by the Reporting Person as custodian for his two minor children. The Reporting Person has sole voting and dispositive power over all of these shares of Common Stock. The beneficial ownership percentage is based on 6,372,309 shares of Common Stock issued and outstanding as of September 11, 2012 as disclosed in the Issuer’s Report on Form 10-Q (File No. 121088582), filed with the SEC.
Except as follows, the Reporting Person has no plans or proposals which relate to or would result in any of the effects specified in subparagraphs (a) through (j) in the text of Item 4 of Schedule 13D. The Reporting Person intends to continue to sell a portion of his holdings in the Issuer’s Common Stock over the course of the next year in connection with the Reporting Person’s individual long-term asset diversification and tax financial planning strategies, but only if the stock meets the minimum price threshold as specified in the Reporting Person’s previously disclosed Ruled 10b5-1 trading plans (the “Trading Plans”) described in the Issuer’s Report on Form 8-K, filed with the SEC on March 9, 2012.
ITEM 5. INTEREST IN SECURITIES OF THE ISSUER
(a-b) The Reporting Person beneficially owns (with sole voting and dispositive power) 413,125 shares of Common Stock, which represents approximately 6.5% of the outstanding Common Stock of the Issuer.
(c) On September 12, 2012, the Reporting Person sold 135,698 shares of the Issuer’s Common Stock, which included (i) 119,293 shares of Common Stock held by the Reporting Person at an average weighted price of $9.00 and (b) 16,405 shares of Common Stock held by the Reporting Person as custodian for his minor children at an average weighted price of $9.00 in connection with the Reporting Person’s Trading Plans.
Following these transfers, the Reporting Person is the beneficial owner of 413,125 shares of the Issuer’s Common Stock, or approximately 6.5% of the Issuer’s outstanding Common Stock. The Reporting Person has sole voting and dispositive power over such shares. Other than the transactions described herein, during the 60 days prior to the date hereof, there were no transactions effected in the Common Stock (or securities convertible into, exercisable for or exchangeable for Common Stock) by the Reporting Person or any person or entity controlled by him or any person or entity for which he possesses voting or investment control over the securities thereof.
(d) Other than with respect to the 49,940 shares of Common Stock of the Issuer held by the Reporting Person as custodian for his minor children, no person or entity other than the Reporting Person has the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, the shares of the Issuer’s Common Stock reported in this Amendment.
(e) Not applicable.
ITEM 6. CONTRACTS, AGREEMENTS, UNDERSTANDINGS OR RELATIONSHIPS WITH RESPECT TO SECURITIES OF THE ISSUER
ITEM 7. MATERIAL REQUIRED TO BE FILED AS EXHIBITS.