-----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, DanIuccrDqt7gqjBHPBWPfcyso8uyBbLxxZ4qsAUZFIOT2K4iwlko35ajWYwacg0 AL/1fj0sad1S7KXOyS6ARg== 0000906780-02-000045.txt : 20020823 0000906780-02-000045.hdr.sgml : 20020823 20020823161318 ACCESSION NUMBER: 0000906780-02-000045 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20020823 ITEM INFORMATION: Other events FILED AS OF DATE: 20020823 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ALPHA HOSPITALITY CORP CENTRAL INDEX KEY: 0000906780 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING & DRINKING PLACES [5810] IRS NUMBER: 133714474 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12522 FILM NUMBER: 02747144 BUSINESS ADDRESS: STREET 1: 29-76 NORTHERN BOULEVARD STREET 2: 2ND FLOOR CITY: LONG ISLAND CITY STATE: NY ZIP: 11101 BUSINESS PHONE: 718-685-3014 MAIL ADDRESS: STREET 1: 29-76 NORTHERN BOULEVARD STREET 2: 2ND FLOOR CITY: LONG ISLAND CITY STATE: NY ZIP: 11101 8-K 1 e8k82302.txt ALPHA HOSPITALITY CORPORATION 8K FILING 8/23/02 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report: August 23, 2002 ALPHA HOSPITALITY CORPORATION (Exact Name of Registrant as Specified in Charter) Delaware 1-12522 13-3714474 (State or other jurisdiction (Commission File No.) (IRS Employer of incorporation) Identification No.) 707 Skokie Boulevard, Suite 600, Northbrook, Illinois 60062 (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: (847) 418-3804 ITEM 5. OTHER EVENTS On August 22, 2002, U.S. District Court Judge Colleen McMahon granted Park Place Entertainment Corporation's motion for summary judgment in the suit filed November 13, 2000 by Catskill Development, LLC and Mohawk Management, LLC. Unexpectedly, this ruling included a reversal of a previously issued ruling by the court. The Company has been informed that Catskill Development, LLC and it's attorneys are reviewing this decision and evaluating alternatives for judicial review of the decision. However, the Company cannot predict whether Catskill Development, LLC will pursue an appeal of this decision or whether such an appeal will ultimately be successful. Independently, the Company cannot pursue an appeal on its own. Moreover, any appeal of the decision is likely to involve an extended delay prior to a trial on the merits. Accordingly, the Company expects to take significant write downs of its assets in the quarter ending September 30, 2002. As a result of yesterday's actions, the Company might not have a significant recovery from its investment in Catskill Development, LLC. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. Dated: August 23, 2002 ALPHA HOSPITALITY CORPORATION (Registrant) By: /s/ Scott A. Kaniewski Scott A. Kaniewski Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----