[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Notices]
[Pages 7128-7129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-563]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-12451]


Issuer Delisting; Notice of Application of New York Health Care, 
Inc. To Withdraw Its Common Stock, $.01 Par Value, From Listing and 
Registration on the Boston Stock Exchange, Inc.

February 4, 2005.
    On January 21, 2005, New York Health Care, Inc., a New York 
corporation (``Issuer''), filed an application with the Securities and 
Exchange Commission (``Commission''), pursuant to Section 12(d) of the 
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d) 
thereunder,\2\ to withdraw its common stock, $.01 par value 
(``Security''), from listing and registration on the Boston Stock 
Exchange, Inc. (``BSE'' or ``Exchange'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    On January 19, 2005, the Board of Directors (``Board'') of the 
Issuer approved resolutions to withdraw the Issuer's Security from 
listing and registration on the BSE. In making the decision to delist 
the Security from the BSE, the Issuer stated various factors, 
including: (i) That the original listing of the Security on the 
Exchange was required by the underwriter of the Issuer's initial public 
offering--a contractual obligation that has expired; (ii) that the 
Security has not traded on the Exchange from at least January 2002 to 
the time of the application; (iii) the expense involved in responding 
to the Exchange's request \3\ to make any

[[Page 7129]]

necessary filings and paying any associated fees to continue listing 
the Security on the Exchange; and (iv) that the Security currently 
trades on the Over-the-Counter Market on the Pink Sheets.
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    \3\ By letter dated December 3, 2004, the Exchange requested 
that the Issuer file a listing of additional shares form with the 
Exchange and pay any fees associated therewith, and provide 
information regarding: (i) The Issuer's previously reported 
delisting of its common stock from Nasdaq and the investigation 
resulting from the resignation of a former director; (ii) the 
business purpose of the resignations of the Issuer's Chief Executive 
Officer and Chief Financial Officer, which are anticipated to occur 
upon the completion of the Issuer's private placement of securities; 
(iii) the current number of beneficial holders of the Issuer, and 
(iv) a potential rescission right on certain shares issued to 
holders of BioBalance stock. On December 20, 2004, the Issuer 
requested an extension of the December 22, 2004 deadline to have 
more time to decide whether to expend the time and resources 
necessary to respond to the Exchange or to voluntarily delist. On 
December 20, 2004, the Exchange granted the request and extended the 
Issuer's time to either respond or voluntarily delist until January 
14, 2005.
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    The Issuer stated in its application that it has complied with BSE 
procedures for delisting by filing the required documents governing the 
withdrawal of securities from listing and registration on the BSE.
    The Issuer's application relates solely to withdrawal of the 
Security from listing on the BSE and from registration under Section 
12(b) of the Act,\4\ and shall not affect its obligation to be 
registered under Section 12(g) of the Act.\5\
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    \4\ 15 U.S.C. 78l(b).
    \5\ 15 U.S.C. 78l(g).
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    Any interested person may, on or before March 1, 2005, comment on 
the facts bearing upon whether the application has been made in 
accordance with the rules of the BSE, and what terms, if any, should be 
imposed by the Commission for the protection of investors. All comment 
letters may be submitted by either of the following methods:

Electronic Comments

     Send an e-mail to [email protected]. Please include 
the File Number 1-12451 or;

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., 
Washington, DC 20549-0609.
    All submissions should refer to File Number 1-12451. This file 
number should be included on the subject line if e-mail is used. To 
help us process and review your comments more efficiently, please use 
only one method. The Commission will post all comments on the 
Commission's Internet Web site (http://www.sec.gov/rules/delist.shtml). 
Comments are also available for public inspection and copying in the 
Commission's Public Reference Room. All comments received will be 
posted without change; we do not edit personal identifying information 
from submissions. You should submit only information that you wish to 
make available publicly.
    The Commission, based on the information submitted to it, will 
issue an order granting the application after the date mentioned above, 
unless the Commission determines to order a hearing on the matter.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(1).
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Jonathan G. Katz,
Secretary.
 [FR Doc. E5-563 Filed 2-9-05; 8:45 am]
BILLING CODE 8010-01-P