-----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, Kbi/trtmxc7jIF97e+LOBCxv/aSvKqy3PkEEbYoo3Kf8XSo5NWBMC2vDWvUdJDHB A4jAXRNU+ae7cKeiNAqGEg== 0001169232-08-001182.txt : 20080303 0001169232-08-001182.hdr.sgml : 20080303 20080303122034 ACCESSION NUMBER: 0001169232-08-001182 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20080303 DATE AS OF CHANGE: 20080303 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: E-Z-EM, Inc. CENTRAL INDEX KEY: 0000727008 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 111999504 STATE OF INCORPORATION: DE FISCAL YEAR END: 0531 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-35785 FILM NUMBER: 08658607 BUSINESS ADDRESS: STREET 1: 1111 MARCUS AVENUE STREET 2: SUITE LL-26 CITY: LAKE SUCCESS STATE: NY ZIP: 11042 BUSINESS PHONE: 5163338230 MAIL ADDRESS: STREET 1: 1111 MARCUS AVENUE STREET 2: SUITE LL-26 CITY: LAKE SUCCESS STATE: NY ZIP: 11042 FORMER COMPANY: FORMER CONFORMED NAME: EZ EM INC DATE OF NAME CHANGE: 19920703 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: ALBERT IRA CENTRAL INDEX KEY: 0000923716 FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: 1304 SW 160TH AVE STREET 2: STE 209 CITY: FT LAUDERDALE STATE: FL ZIP: 33326 BUSINESS PHONE: 9543844801 MAIL ADDRESS: STREET 1: 1304 SW 160TH AVE STREET 2: STE 204 CITY: FT LAUDERDALE STATE: FL ZIP: 33326 SC 13D/A 1 d73801_sc13d.htm AMENDMENT NO. 3 SCHEDULE 13D

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

SCHEDULE 13D

Under the Securities Exchange Act of 1934

(Amendment No. 3)

 

E-Z-EM, INC.

(Name of Issuer)

Common Stock, $.01 par value

(Title of Class of Securities)

 

269305207

(CUSIP Number)

 

(Name, Address and Telephone Number of Person

Authorized to Receive Notices and Communications)

Noah Klarish, Esq.

Hutner Klarish LLP

1359 Broadway, Suite 2001

New York, NY 10018

(212) 868-3777

 

February 29, 2008

(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 which is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(b)(3) or (4) check the following box o.

The information required in the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934, as amended (the “Act”), or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act.

 

 


 

SCHEDULE 13D

 

CUSIP No. 269305207

 

Page 2 of 4 Pages

 

1

NAME OF REPORTING PERSON

S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON

 

Ira Albert

 

2

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) o

(b) x

3

SEC USE ONLY

 

 

4

SOURCE OF FUNDS*

PF, WC

5

CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) o

 

6

CITIZENSHIP OR PLACE OF ORGANIZATION

United States

 

NUMBER OF

SHARES

BENEFICIALLY

OWNED BY

EACH

REPORTING

PERSON WITH

7

SOLE VOTING POWER

Less than 5% of the number of outstanding shares of any class of capital stock of the Issuer

 

8

SHARED VOTING POWER

Less than 5% of the number of outstanding shares of any class of capital stock of the Issuer

 

9

SOLE DISPOSITIVE POWER

Less than 5% of the number of outstanding shares of any class of capital stock of the Issuer

 

10

SHARED DISPOSITIVE POWER

Less than 5% of the number of outstanding shares of any class of capital stock of the Issuer

11

 

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON

Less than 5% of the number of outstanding shares of any class of capital stock of the Issuer

12

 

CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES*   o

13

 

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)

Less than 5% of the number of outstanding shares of any class of capital stock of the Issuer

14

 

TYPE OF REPORTING PERSON*

IN

 

2

 

 


 

Item 1.

Security and Issuer.

 

This statement relates to the Common Stock, $.01 value per share (the “Common Stock”), of E-Z-EM, Inc., a Delaware corporation (the “Issuer”). The Issuer maintains its principal executive office at 1111 Marcus Avenue, Suite LL-26, Lake Success, NY 11042.

 

Item 2.

Identity and Background.

 

(a)       This statement is filed by (i) Ira Albert, an individual, with respect to shares of the Issuer’s Common Stock held by him and with respect to shares of the Issuer’s Common Stock held in investment accounts over which Mr. Albert has discretionary authority, and (ii) Albert Investment Associates, L.P., a Delaware limited partnership (the “Albert Partnership”) with respect to shares of the Issuer’s Common Stock held by it. Ira Albert and the Albert Partnership shall sometimes be collectively referred to herein as the “Reporting Person.”

 

(b)       Ira Albert filed an initial Schedule 13D for an event of January 8, 2002 (the “Initial Schedule”), an Amendment No. 1 for an event of July 16, 2003 and an Amendment No. 2 for an event of October 16, 2007 (the “Previous Amendments”). Except to the extent set forth in this Amendment, the information in the Initial Schedule and the Previous Amendments remains unchanged.

 

Item 3.

Source and Amount of Funds or Other Consideration.

 

The Reporting Person currently has beneficial ownership of less than 5% of the outstanding shares of any class of capital stock of the Issuer and is therefore discontinuing any reporting obligation under Section 13(d) of the Securities and Exchange Act of 1934 (the “Securities Exchange Act”).

 

Item 4.

Purpose of Transaction.

 

The Reporting Person currently has beneficial ownership of less than 5% of the outstanding shares of any class of capital stock of the Issuer and is therefore discontinuing any reporting obligation under Section 13(d) of the Securities Exchange Act.

 

Item 5.

Interest in Securities of the Issuer.

 

The Reporting Person currently has beneficial ownership of less than 5% of the outstanding shares of any class of capital stock of the Issuer and is therefore discontinuing any reporting obligation under Section 13(d) of the Securities Exchange Act.

 

3

 

 


 

Signatures

 

After reasonable inquiry and to the best of our knowledge and belief, the undersigned certify that the information set forth in this statement is true, complete and correct.

 

Dated:

February 29, 2008

 

 

/s/ Ira Albert                             

 

Ira Albert

 

 

 

ALBERT INVESTMENT ASSOCIATES, L.P.

 

By:

ALBERT INVESTMENT STRATEGIES, INC.,

 

general partner

 

 

 

By:

/s/ Ira Albert                        

 

Ira Albert, President

 

 

4

 

 

 

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