-----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, UWylbDEosZkLKlL1D4ux5XZj1576bV5dlZ3n5ngZk3COs6XbTVV5dH25wV4pJN/b jAkbivjjtbyczjl/gyyMfQ== 0000945769-06-000041.txt : 20060214 0000945769-06-000041.hdr.sgml : 20060214 20060214154244 ACCESSION NUMBER: 0000945769-06-000041 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20060214 DATE AS OF CHANGE: 20060214 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: SELTZER BERNARD CENTRAL INDEX KEY: 0000935902 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: HI TECH PHARMACAL CO INC STREET 2: 369 BAYVIEW AVENUE CITY: AMITYVILLE STATE: NY ZIP: 11701 MAIL ADDRESS: STREET 1: C/O HI TECH PHARMCAL CO INC STREET 2: 369 BAYVIEW AVE CITY: AMITYVILLE STATE: NY ZIP: 11701 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: HI TECH PHARMACAL CO INC CENTRAL INDEX KEY: 0000887497 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 112638720 STATE OF INCORPORATION: NY FISCAL YEAR END: 0430 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-43074 FILM NUMBER: 06614433 BUSINESS ADDRESS: STREET 1: 369 BAYVIEW AVENUE CITY: AMITYVILLE STATE: NY ZIP: 11701 BUSINESS PHONE: 5167898228 MAIL ADDRESS: STREET 1: 369 BAYVIEW AVE. CITY: AMITYVILLE STATE: NY ZIP: 11701 SC 13G 1 sch13g2005-bseltzer.txt SCHEDULE 13G UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 8)* HI-TECH PHARMACAL CO., INC. ------------------------------------------------------------- (Name of Issuer) COMMON STOCK ------------------------------------------------------------- (Title of Class of Securities) 42840B101 ------------------------------------------------------------- (CUSIP Number) December 31, 2005 ------------------------------------------------------------- (Date of Event which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Schedule is filed: [ ] Rule 13d-1(b) [ ] Rule 13d-1(c) [X] Rule 13d-1(d) *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 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 ("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). Page 1 of 7 Pages CUSIP NO. 42840B101 13G Page 2 of 7 Pages 1. Name of Reporting Persons: Bernard Seltzer I.R.S. Identification Nos.of above persons (entities only): 2. Check the Appropriate Box if a Member of a Group (See Instructions) (a) (b) Not applicable 3. SEC Use Only 4. Citizenship or Place of Organization: United States 5. Sole Voting Power NUMBER OF SHARES 565,415 * BENEFICIALLY 6. Shared Voting Power -0- OWNED BY EACH 7. Sole Dispositive Power REPORTING PERSON 565,415 * WITH 8. Shared Dispositive Power -0- 9. Aggregate Amount Beneficially Owned by Each Reporting Person 565,415 * 10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions) [ ] 11. Percent of Class Represented by Amount in Row (9) 4.1% 12. Type of Reporting Person (See Instructions) IN * Number of shares reflects a 3 for 2 stock split to shareholders of record on 12/30/05 and distributed on 1/11/06. CUSIP NO. 42840B101 13G Page 3 of 7 Pages UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G (Amendment No. 8) Under the Securities Exchange Act of 1934 HI-TECH PHARMACAL CO., INC. (Name of Issuer) Item 1(a) Name of Issuer: Hi-Tech Pharmacal Co., Inc. Item 1(b) Address of Issuer's Principal Executive Offices: 369 Bayview Avenue, Amityville, New York 11701 Item 2(a) Name of Person Filing: Bernard Seltzer Item 2(b) Address of Principal Business Office or, if none, Residence: 369 Bayview Avenue, Amityville, New York 11701 Item 2(c) Citizenship: United States Item 2(d) Title of Class of Securities: Common Stock CUSIP NO. 42840B101 13G Page 4 of 7 Pages Item 2(e) CUSIP Number: 42840B101 Item 3 If this statement is filed pursuant to ss.240.13d-1(b) or 240.13d-2(b) or (c), check whether the person is a: (a) [ ] Broker or dealer registered under Section 15 of the Act (15 U.S.C. 78o). (b) [ ] Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c). (c) [ ] Insurance Company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c). (d) [ ] Investment Company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8). (e) [ ] An investment adviser in accordance with ss.240.13d-1(b)(1)(ii)(E). (f) [ ] An employee benefit plan or endowment fund in accordance with ss.240.13d-1(b)(1)(ii)(F). (g) [ ] A parent holding company or control person in accordance with ss.240.13d-1(b)(ii)(G). (h) [ ] A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813). (i) [ ] A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3). (j) [ ] Group, in accordance with ss.240.13d-1(b)(1)(ii)(J). Not applicable CUSIP NO. 42840B101 13G Page 5 of 7 Pages Item 4 Ownership: Provide the following information regarding the aggregate number and percentage of the class of securities of the issuer identified in Item 1. (a) Amount Beneficially Owned: 565,415 * ............................................................ (b) Percent of Class: 4.1% ............................................................ (c) Number of shares as to which the person has: (i) Sole power to vote or to direct the vote ...............565,415* (ii) Shared power to vote or to direct the vote ...............-0- (iii)Sole power to dispose or to direct the disposition of ..565,415* (iv) Shared power to dispose or to direct the disposition of ..-0- * Number of shares reflects a 3 for 2 stock split to shareholders of record on 12/30/05 and distributed on 1/11/06. Item 5 Ownership of Five Percent or Less of a Class: If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following [X]. Item 6 Ownership of More than Five Percent on Behalf of Another Person. Not applicable CUSIP NO. 42840B101 13G Page 6 of 7 Pages Item 7 Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company. Not applicable Item 8 Identification and Classification of Members of the Group. Not applicable Item 9 Notice of Dissolution of Group. Not applicable Item 10 Certification. Not applicable CUSIP NO. 42840B101 13G Page 7 of 7 Pages 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: February 13, 2006 /s/Bernard Seltzer ------------------------------------- Bernard Seltzer by David S. Seltzer as Attorney-in-Fact EX-24 2 poa-bseltzer.txt POWER OF ATTORNEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, which are intended to constitute a DURABLE GENERAL POWER OF ATTORNEY: That I, BERNARD SELTZER, residing at 707 Virginia Street, Far Rockaway, New York 11691, do hereby make, constitute and appoint my son, David S. Seltzer, residing at 10 Sterling Place, Lawrence, New York 11559 or in the event David S. Seltzer shall predecease me or for any reason fail to qualify or cease to act, my son, Reuben Seltzer, residing at 21 Glenwood Drive, Great Neck, New York 11021, as my Attorney-in-Fact TO ACT: In my name, place and stead in any and all ways which I myself could do, if I were personally present and able, with respect to: real estate transactions; chattel and goods transactions; bond, share and commodity transactions; banking transactions; business operating transactions; insurance transactions; estate transactions; claims and litigation; personal relationships and affairs; benefits from military service; records, reports and statements; and all other matters, to the extent that I am permitted by law to act through an agent. In my name, place and stead in any and all ways which I, myself, could do, if I were personally present and able with respect to the power to renounce gifts, claim or disclaim an elective share of a spouse's estate, renounce fiduciary positions or public offices, create a trust or add to an existing trust, receive and inspect confidential tax information and to perform any and all acts that I can perform with respect to tax matters, including the authority to sign any tax returns, agreements, consents or other documents and receive refund checks, and to do any and all other acts to implement the foregoing powers. I will not question the sufficiency of any instrument executed by my said Attorney-in-Fact pursuant to this power notwithstanding that the instrument fails to recite the consideration therefor or recites merely a nominal consideration; any person dealing with the subject matter of such instrument may do so as if full consideration therefor had been expressed therein. Any third party dealing with said Attorney-in-Fact pursuant to this Power of Attorney may rely conclusively thereon, may assume that it is irrevocable and unconditional and shall not be required to inquire into the authority of said Attorney-in-Fact to act as such unless and until notified directly in writing to the contrary by me. This Power of Attorney shall survive my subsequent disability or incompetence. All acts done by my Attorney-in-Fact pursuant to this Power of Attorney during any period of disability or incompetence shall have the same effect and inure to the benefit of and bind myself and my distributees, devisees, legatees and personal representatives as if I were competent and not disabled. IN WITNESS WHEREOF I have hereunto signed my name this 26th day of August, 2004. /s/Bernard Seltzer ------------------------------ Print Name: Bernard Seltzer /s/Anne Siebert 10 Bayberry Drive, Plainview, NY 11803 - ---------------------------- ------------------------------------- Witness: Anne Siebert Address /s/Laurie Dillmann 46 Beverly Avenue, Copiague, NY 11726 - ---------------------------- ------------------------------------- Witness: Laurie Dillman Address ACKNOWLEDGMENT STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the 13th day of September, 2004, before me, the undersigned, personally appeared BERNARD SELTZER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual executed the instrument. /s/June Lahn ----------------------------------- Notary Public -----END PRIVACY-ENHANCED MESSAGE-----