U.S. SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
SEC File Number: 0-2670
Cusip Number:
(Check One):
[XX] Form 10-K and Form 10-KSB [ ] Form 20-F
[ ] Form 11-K [ ] Form 10-Q and Form 10-QSB
[ ] Form N-SAR
For Period Ended: December 31, 2003
[ ] Transition Report on Form 10-K
[ ] Transition Report on Form 20-F
[ ] Transition Report on Form 11-K
[ ] Transition Report on Form 10-Q
[ ] 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: ___________________________________
Part I - Registrant Information
60 East 42nd St. Associates LLC
Full Name of Registrant
_____________________________
(Former Name if Applicable)
60 East 42nd Street
Address of Principal Executive Office
(Street and Number)
New York, New York 10165
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 reasons described in reasonable detail in Part III
of this form could not be eliminated without unreasonable
[ effort or expense;
[
[ (b) The subject annual report, semi-annual report,
[ transition report on Form 10-K, Form 20-F, 11-K or Form
[ N-SAR, or portion thereof will be filed on or before the
[X] [ fifteenth calendar day following the prescribed due date; or
[ the subject quarterly report or transition report on Form
[ 10-Q, 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 the reasons why Form 10-K and Form 10-KSB, 20-F, 11-K, 10-Q and Form 10-QSB, N-SAR, or the transition report or portion thereof could not be filed within the prescribed period.
We are awaiting certain financial information regarding the Registrant.
Part IV - Other Information
(1) Name and telephone number of person to contact in regard to this notification
Mark Labell (212) 850-2677
(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 the answer is no, identify report(s).
[XX] Yes [ ] No
(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 [XX] No
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.
60 East 42nd St. Associates LLC
(Name of Registrant as specified in charter)
has caused this Notification to be signed on its behalf by the undersigned thereunto duly authorized Attorney-in-Fact for Registrant and each of the Partners in Registrant, pursuant to Powers of Attorney, dated October 9, 2003, October 10, 2003, October 14, 2003, October 22, 2003, October 23, 2003 and October 29, 2003, and attached hereto as Exhibit 1.
Date: March 31, 2004
60 EAST 42ND ST. ASSOCIATES LLC
(Registrant)
By /s/ Mark Labell
Mark Labell,
Attorney-in-Fact
EXHIBIT 1
60 EAST 42ND STREET ASSOCIATES LLC
FILE NO. 0-2670
POWER OF ATTORNEY
We, the undersigned members of 60 East 42nd Street Associates LLC ("Associates"), hereby severally constitute and appoint Mark Labell, true and lawful attorney with full power to sign for us, and in our names and in the capacities indicated below on behalf of Associates, any and all reports or other statements required to be filed with the Securities and Exchange Commission under Section 13 or 15(d) of the Securities Exchange Act of 1934.
Signature Title Date
/s/Anthony E. Malkin
Anthony E. Malkin Member October 22, 2003
/s/Scott D. Malkin
Scott D. Malkin Member October 29, 2003
/s/Peter L. Malkin
Peter L. Malkin Member October 23, 2003
/s/Fred C. Posniak
Fred C. Posniak Member October 10, 2003
/s/Thomas N. Keltner, Jr.
Thomas N. Keltner, Jr. Member October 9, 2003
/s/Mark Labell
Mark Labell Member October 10, 2003
/s/Jack Feirman
Jack Feirman Member October 14, 2003
STATE OF NEW YORK )
: ss.:
COUNTY OF NEW YORK )
On the 10th day of October, 2003 before me personally came MARK LABELL and FRED C. POSNIAK, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same.
/s/Notary Public
NOTARY PUBLIC
STATE OF UK OF GREAT BRITAIN)
: ss.:
CITY OF LONDON, ENGLAND )
On the 29th day of October, 2003 before me personally came SCOTT D. MALKIN, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same.
/s/Notary Public
NOTARY PUBLIC
of London, England
STATE OF NEW YORK )
: ss.:
COUNTY OF NEW YORK )
On the 14th day of October, 2003 before me personally came JACK FEIRMAN, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same.
/s/Notary Public
NOTARY PUBLIC
STATE OF NEW YORK )
: ss.:
COUNTY OF NEW YORK )
On the 9th day of October, 2003 before me personally came THOMAS N. KELTNER, JR., to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same.
s/Notary Public NOTARY PUBLIC
STATE OF NEW YORK )
: ss.:
COUNTY OF NEW YORK )
On the 22th day of October, 2003 before me personally came ANTHONY E. MALKIN, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same.
s/Notary Public NOTARY PUBLIC
STATE OF NEW YORK )
: ss.:
COUNTY OF NEW YORK )
On the 23rd day of October, 2003 before me personally came PETER L. MALKIN, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same.
s/Notary Public NOTARY PUBLIC