Form: NT 10-K

Notice under Rule 12b25 of inability to timely file all or part of a Form 10-K, 10-KSB, or 10-KT

March 31, 2010


 
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549 
 
FORM 12b-25
 
NOTIFICATION OF LATE FILING
OMB APPROVAL
OMB Number: 3235-0058
Expires: May 31, 2012
Estimated average burden hours per response ... 2.50
 
SEC FILE NUMBER
333-148167
 
CUSIP NUMBER
 
 
(Check one):
  
x   Form 10-K o  Form 20-F o  Form 11-K o  Form 10-Q o  Form 10-D o  Form N-SAR o  Form N-CSR
     
   
For Period Ended:
December 31, 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 Instruction (on back page) 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

DATA STORAGE CORPORATION
Full Name of Registrant

 
Former Name if Applicable
 
401 Franklin Avenue, Suite 103
Address of Principal Executive Office (Street and Number)
 
Garden City, NY 11530                                                                                                                                                   
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)
 
x
(a)
The reasons described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense;
     
x
(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 fifteenth calendar day following the prescribed due date; or the subject quarterly report of 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 Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, or the transition report portion thereof, could not be filed within the prescribed time period.
 
Registrant did not obtain all information prior to filing date and attorney and accountant could not complete the required legal information and financial statements and management could not complete Management's Discussion and Analysis of such financial statements by March 31, 2010.
 
SEC 1344 (03-05)
  
Persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.
 (Attach extra Sheets if Needed)
 
PART IV — OTHER INFORMATION
(1)
  
Name and telephone number of person to contact in regard to this notification
         
CHARLES M. PILUSO
  
(212)
  
564-4922
(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).
  
   
Yesx     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     Nox
     
   
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.
     
 


 
 
DATA STORAGE CORPORATION
(Name of Registrant as Specified in Charter)
 
has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.
             
Date:
  
March 31, 2010
  
By:
  
/s/ Charles M. Piluso                                                      
           
CHARLES M. PILUSO
President & Chief Executive Officer