gyro_8k-040612.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES AND EXCHANGE ACT OF 1934
 


Date of Report (Date of earliest event reported):  April 6, 2012


GYRODYNE COMPANY OF AMERICA, INC.

(Exact name of Registrant as Specified in its Charter)
 
  New York   000-01684   11-1688021  
  (State or other jurisdiction   (Commission File   (I.R.S. Employer  
  of incorporation)   Number)   Identification No.)  
 
 
1 FLOWERFIELD, Suite 24
ST. JAMES, NEW YORK 11780

(Address of principal executive
offices) (Zip Code)

(631) 584-5400

Registrant’s telephone number,
including area code

N/A

(Former name or former address, if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the Registrant under any of the following provisions:

[ ]  
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[ ]
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[ ] 
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[ ]
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 
 

 
 
Item 8.01.  Other Events.

On April 6, 2012, Gyrodyne Company of America, Inc. (the “Company”) filed a Memorandum of Law with the Court of Appeals of the State of New York.  The Memorandum was filed in opposition to the motion of the State of New York seeking leave from the Court of Appeals to appeal the decision and order of the Appellate Division of the Supreme Court, Second Department decided on November 22, 2011, which affirmed the judgment of the Court of Claims entered in favor of the Company for $125 million plus statutory interest of nine percent from the date of the taking of November 2, 2005 through the date of payment and for an additional allowance of $1,474,940.67 for actual and necessary costs, disbursements and expenses, including attorneys’ fees and expenses, resulting from the condemnation of 245.5 acres of the Company’s Flowerfield property.

A copy of the Company’s Memorandum is attached hereto as Exhibit 99.1

Item 9.01.  Financial Statements and Exhibits
 
(d) Exhibits      
         
  Exhibit No.   Exhibit  
         
 
99.1
 
Respondent’s Memorandum of Law in Opposition to State of New York’s Motion for Leave to Appeal
 
 
 

 
 
SIGNATURE

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, hereunto duly authorized.
 

  GYRODYNE COMPANY OF AMERICA, INC.  
     
     
  By:  /s/ Stephen V. Maroney  
  Stephen V. Maroney  
  President and Chief Executive Officer  
     
  Date:  April 6, 2012