- Notification that Quarterly Report will be submitted late (NT 10-Q)

 

SEC FILE NUMBER:   001-08356   CUSIP NUMBER:   233347103

 

 

UNITED STATES

 

SECURITIES AND EXCHANGE COMMISSION

 

Washington, DC 20549

 

Form 12b-25

 

NOTIFICATION OF LATE FILING

 

(Check one):

 

o  Form 10-K	o  Form 20-F	o  Form 11-K	x Form 10-Q
o  Form 10-D	o  Form N-SAR	o  Form N-CSR

 

For Period Ended:  September 30, 2009

 

o  Transition Report on Form 10-K

 

o  Transition Report on Form 20-F

 

o  Transition Report on Form 11-K

 

o  Transition Report on Form 10-Q

 

o  Transition Report on Form N-SAR

 

For the Transition Period Ended:  ___________________

 

Read Attached Instruction Sheet before Preparing Form.  Please Print or Type.   Nothing in this form shall be construed to imply that the Commission has verified any information contained herein.

 

If the notification relates to a portion of the filing checked above, identify the Item(s) to which the notification relates:

 

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PART I                      REGISTRANT INFORMATION

 

 

DVL, INC.

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Full Name of Registrant

 

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Former Name if Applicable

 

 

70 East 55 th Street

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Address of Principal Executive Office (Street and Number)

 

 

New York, New York 10022

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City, State and Zip Code

 

 

PART II                      RULES 12b-25 (b) and (c)

 

If the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule 12b-25(b), the following should be completed. (Check box if appropriate)

 

		(a)	The reason described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense
T		(b)	The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, Form 11-K, Form N-SAR or Form N-CSR, or portion thereof, will be filed on or before the fifteenth calendar day following the prescribed due date; or the subject quarterly report or transition report on Form 10-Q or subject distribution report on Form 10-D, or portion thereof, will be filed on or before the fifth calendar day following the prescribed due date; and
		(c)	The accountant’s statement or other exhibit required by Rule 12b-25(c) has been attached if applicable.

 

PART III                     NARRATIVE

 

State below in reasonable detail why Forms 10-K, 20-F, 11-K, 10-Q, 10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.

 

Due to unanticipated delays in the collection and compilation of certain information required to be included in the Form 10-Q and in the completion of the drafting of the Form 10-Q for filing, the Registrant is unable to file its Form 10-Q for the period ended September 30, 2009 within the prescribed time period without unreasonable effort and expense.  The Company expects to be able to file within the additional time allowed by this report.

 

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Part IV                         OTHER INFORMATION

 

(1)	Name and telephone number of person to contact in regard to this notification.

 

NEIL KOENIG	212	867-8711
(Name)	(Area Code)	(Telephone Number)

 

(2)

Have all other periodic reports required under Section 13 or 15(d) of the Securities Exchange Act of 1934 or Section 30 of the Investment Company Act of 1940 during the preceding 12 months or for such shorter period that the registrant was required to file such report(s) been filed?  If answer is no, identify report(s).    Yes  x    No o

 

(3)

Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof?     Yes  o     No x   If so, attach an explanation of the anticipated change, both narratively and quantitatively and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made.

 

DVL, Inc.

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(Name of Registrant as Specified in Charter)

 

has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.

 

Date: November 17, 2009	By: /s/  Neil Koenig
	Neil Koenig, Chief Financial Officer

 

INSTRUCTION:  The form may be signed by an executive officer of the registrant or by any other duly authorized representative.  The name and title of the person signing the form shall be typed or printed beneath the signature.  If the statement is signed on behalf of the registrant by an authorized representative (other than an executive officer), evidence of the representative’s authority to sign on behalf of the registrant shall be filed with the form.

 

ATTENTION

 

Intentional misstatements or omissions of fact constitute Federal Criminal Violations (See 18 U.S.C. 1001).