UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
SCHEDULE 13G
UNDER THE SECURITIES EXCHANGE ACT OF 1934
(AMENDMENT _____)*
HOME PROPERTIES OF NEW YORK, INC.
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(Name of Issuer)
COMMON STOCK, PAR VALUE $0.01 PER SHARE
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(Title of Class of Securities)
437306103
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(CUSIP Number)
SEPTEMBER 29, 1999
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(Date of Event Which Requires Filing of this Statement)
Check the appropriate box to designate the rule pursuant to which this
Schedule is filed:
[ ] Rule 13d-1(b)
[X] Rule 13d-1(c)
[ ] Rule 13d-1(d)
*The remainder of this cover page shall be filled out for a reporting
person's initial filing on this form with respect to the subject class of
securities, and for any subsequent amendment containing information which
would alter the disclosures provided in a prior page.
The information required in the remainder of this cover page shall not be
deemed to be "filed" for the purpose of Section 18 of the Securities
Exchange Act of 1934 (the "Act") or otherwise subject to the liabilities of
that section of the Act but shall be subject to all other provisions of the
Act (however, see the Notes).
*SEE INSTRUCTIONS BEFORE FILLING OUT
<PAGE>
SCHEDULE 13G
CUSIP No. 437306103 Page 2 of 11 Pages
1 NAME OF REPORTING PERSON
/I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
GE CAPITAL EQUITY INVESTMENTS, INC.
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3 SEC USE ONLY
4 CITIZENSHIP OR PLACE OF ORGANIZATION
DELAWARE, U.S.A.
NUMBER OF 5 SOLE VOTING POWER
SHARES 0
BENEFICIALLY 6 SHARED VOTING POWER
OWNED BY EACH 1,679,543
REPORTING 7 SOLE DISPOSITIVE POWER
PERSON WITH 0
8 SHARED DISPOSITIVE POWER
1,679,543
9 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
1,679,543
10 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) [ ]
EXCLUDES CERTAIN SHARES*
11 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
8.1%
12 TYPE OF REPORTING PERSON*
CO
<PAGE>
SCHEDULE 13G
CUSIP No. 437306103 Page 3 of 11 Pages
1 NAME OF REPORTING PERSON
/I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
GENERAL ELECTRIC CAPITAL CORPORATION
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3 SEC USE ONLY
4 CITIZENSHIP OR PLACE OF ORGANIZATION
NEW YORK, U.S.A.
NUMBER OF 5 SOLE VOTING POWER
SHARES 0
BENEFICIALLY 6 SHARED VOTING POWER
OWNED BY EACH 1,679,543
REPORTING 7 SOLE DISPOSITIVE POWER
PERSON WITH 0
8 SHARED DISPOSITIVE POWER
1,679,543
9 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
1,679,543
10 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) [ ]
EXCLUDES CERTAIN SHARES*
11 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
8.1%
12 TYPE OF REPORTING PERSON*
CO
<PAGE>
SCHEDULE 13G
CUSIP No. 437306103 Page 4 of 11 Pages
1 NAME OF REPORTING PERSON
/I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
GENERAL ELECTRIC CAPITAL SERVICES, INC.
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3 SEC USE ONLY
4 CITIZENSHIP OR PLACE OF ORGANIZATION
DELAWARE, U.S.A.
NUMBER OF 5 SOLE VOTING POWER
SHARES 0
BENEFICIALLY 6 SHARED VOTING POWER
OWNED BY EACH DISCLAIMED. SEE 9 BELOW.
REPORTING 7 SOLE DISPOSITIVE POWER
PERSON WITH 0
8 SHARED DISPOSITIVE POWER
DISCLAIMED. SEE 9 BELOW
9 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
BENEFICIAL OWNERSHIP OF ALL SHARES IS DISCLAIMED.
10 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) [ ]
EXCLUDES CERTAIN SHARES*
11 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
DISCLAIMED. SEE 9 ABOVE.
12 TYPE OF REPORTING PERSON*
CO
<PAGE>
SCHEDULE 13G
CUSIP No. 437306103 Page 5 of 11 Pages
1 NAME OF REPORTING PERSON
/I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
GENERAL ELECTRIC COMPANY
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [X]
3 SEC USE ONLY
4 CITIZENSHIP OR PLACE OF ORGANIZATION
NEW YORK, U.S.A.
NUMBER OF 5 SOLE VOTING POWER
SHARES 0
BENEFICIALLY 6 SHARED VOTING POWER
OWNED BY EACH DISCLAIMED. SEE 9 BELOW.
REPORTING 7 SOLE DISPOSITIVE POWER
PERSON WITH 0
8 SHARED DISPOSITIVE POWER
DISCLAIMED. SEE 9 BELOW.
9 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
BENEFICIAL OWNERSHIP OF ALL SHARES IS DISCLAIMED.
10 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) [ ]
EXCLUDES CERTAIN SHARES*
11 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
DISCLAIMED. SEE 9 ABOVE.
12 TYPE OF REPORTING PERSON*
CO
<PAGE>
Item 1.
(a) NAME OF ISSUER: Home Properties of New York, Inc.
(b) ADDRESS OF ISSUER'S PRINCIPAL EXECUTIVE OFFICES:
Home Properties of New York, Inc.
850 Clinton Square
Rochester, New York 14604
Item 2.
1. (a)-(c) NAME OF PERSON FILING; ADDRESS OF PRINCIPAL BUSINESS OFFICE;
AND CITIZENSHIP:
GE Capital Equity Investments, Inc.
120 Long Ridge Road
Stamford, Connecticut. 06927
Citizenship: Delaware
(d) TITLE OF CLASS OF SECURITIES: Common Stock, par value $0.01
per share
(e) CUSIP NUMBER: 437306103
2. (a)-(c) NAME OF PERSON FILING; ADDRESS OF PRINCIPAL BUSINESS OFFICE;
AND CITIZENSHIP:
General Electric Capital Corporation
260 Long Ridge Road
Stamford, Connecticut. 06927
Citizenship: New York
(d) TITLE OF CLASS OF SECURITIES: Common Stock, par value $0.01
per share
(e) CUSIP NUMBER: 437306103
3. (a)-(c) NAME OF PERSON FILING; ADDRESS OF PRINCIPAL BUSINESS OFFICE;
AND CITIZENSHIP:
General Electric Capital Services, Inc.
3135 Easton Turnpike
Fairfield, Connecticut. 06431
Citizenship: Delaware
(d) TITLE OF CLASS OF SECURITIES: Common Stock, par value $0.01
per share
(e) CUSIP NUMBER: 437306103
4. (a)-(c) NAME OF PERSON FILING; ADDRESS OF PRINCIPAL BUSINESS OFFICE;
AND CITIZENSHIP:
General Electric Company
3135 Easton Turnpike
Fairfield, Connecticut. 06431
Citizenship: New York
(d) TITLE OF CLASS OF SECURITIES: Common Stock, par value $0.01
per share
(e) CUSIP NUMBER: 437306103
Item 3. IF THIS STATEMENT IS FILED PURSUANT TO RULES 13d-1(b), OR
13d-2(b), CHECK WHETHER THE PERSON FILING IS A:
(a) [ ] Broker or Dealer registered under Section 15 of the Act
(15 U.S.C. 78o);
(b) [ ] Bank as defined in Section 3(a)(6) of the Act (15 U.S.C. 78c);
(c) [ ] Insurance Company as defined in Section 3(a)(19) of the Act
(15 U.S.C. 78c);
(d) [ ] Investment Company registered under Section 8 of the Investment
Company Act (15 U.S.C. 80a-8);
(e) [ ] An investment advisor in accordance with Section
240.13d-1(b)(1)(ii)(E);
(f) [ ] An employee benefit plan or endowment fund in accordance with
Section 240.13d-1(b)(1)(ii)(F);
(g) [ ] A parent holding company or control person, in accordance with
Section 240.13d-1(b)(1)(ii)(G);
(h) [ ] A savings association as defined in Section 3(b) of the Federal
Deposit Insurance Act (12 U.S.C. 1813);
(i) [ ] A church plan that is excluded from the definition of an investment
company under Section 3(c)(14) of the Investment Company Act of
1940 (15 U.S.C. 80a-3);
(j) [ ] Group, in accordance with Section 240.13d-1(b)(1)(ii)(H)
If this statement is filed pursuant to ss. 240.13d-1(c), check this box. |X|
Item 4. OWNERSHIP:
1. GE Capital Equity Investments, Inc.
(a) AMOUNT BENEFICIALLY OWNED: 1,679,543 shares of Common Stock.
(b) PERCENT OF CLASS: 8.1%
(c) NUMBER OF SHARES AS TO WHICH SUCH PERSON HAS:
(i) sole power to vote or to direct the vote:
0
(ii) shared power to vote or to direct the vote:
1,679,543
(iii) sole power to dispose or to direct the disposition of:
0
(iv) shared power to dispose or to direct the disposition of:
1,679,543
2. General Electric Capital Corporation
(a) AMOUNT BENEFICIALLY OWNED: 1,679,543 shares of Common Stock.
(b) PERCENT OF CLASS: 8.1%
(c) NUMBER OF SHARES AS TO WHICH SUCH PERSON HAS:
(i) sole power to vote or to direct the vote:
0
(ii) shared power to vote or to direct the vote:
1,679,543
(iii) sole power to dispose or to direct the disposition of:
0
(iv) shared power to dispose or to direct the disposition of:
1,679,543
3. General Electric Capital Services, Inc.
(a) AMOUNT BENEFICIALLY OWNED: Beneficial ownership of all shares
is disclaimed.
(b) PERCENT OF CLASS: Disclaimed. See (a) above.
(c) NUMBER OF SHARES AS TO WHICH SUCH PERSON HAS:
(i) sole power to vote or to direct the vote:
0
(ii) shared power to vote or to direct the vote:
Disclaimed. See (a) above.
(iii) sole power to dispose or to direct the disposition of:
0
(iv) shared power to dispose or to direct the disposition of:
Disclaimed. See (a) above.
4. General Electric Company
(a) AMOUNT BENEFICIALLY OWNED: Beneficial ownership of all shares
is disclaimed.
(b) PERCENT OF CLASS: Disclaimed. See (a) above.
(c) NUMBER OF SHARES AS TO WHICH SUCH PERSON HAS:
(i) sole power to vote or to direct the vote:
0
(ii) shared power to vote or to direct the vote:
Disclaimed. See (a) above.
(iii) sole power to dispose or to direct the disposition of:
0
(iv) shared power to dispose or to direct the disposition of:
Disclaimed. See (a) above.
Item 5. OWNERSHIP OF FIVE PERCENT OR LESS OF A CLASS:
Not applicable.
Item 6. OWNERSHIP OF MORE THAN FIVE PERCENT ON BEHALF OF ANOTHER PERSON:
Not applicable.
Item 7. IDENTIFICATION AND CLASSIFICATION OF THE SUBSIDIARY WHICH ACQUIRED
THE SECURITY BEING REPORTED ON BY THE PARENT HOLDING COMPANY:
Not applicable.
Item 8. IDENTIFICATION AND CLASSIFICATION OF MEMBERS OF THE GROUP:
See Exhibit 1 for Joint Filing Agreement.
Item 9. NOTICES OF DISSOLUTION OF GROUP:
Not applicable.
Item 10. CERTIFICATION:
By signing below I certify that, to the best of my knowledge
and belief, the securities referred to above were not acquired
and are not held for the purpose of or with the effect of
changing or influencing the control of the issuer of the
securities and were not acquired and are not held in connection
with or as a participant in any transaction having that purpose
or effect.
<PAGE>
SIGNATURE
After reasonable inquiry and to the best of my knowledge and
belief, I certify that the information set forth in this statement is true,
complete and correct.
Dated: February 9, 2000
GENERAL ELECTRIC CAPITAL CORPORATION
By: /s/ Michael E. Pralle
-----------------------------------
Name: Michael E. Pralle
Title: Vice President
GE CAPITAL EQUITY INVESTMENTS, INC.
By: /s/ Michael E. Pralle
-----------------------------------
Name: Michael E. Pralle
Title: President/ General Manager
GENERAL ELECTRIC CAPITAL SERVICES, INC.
By: /s/ Michael E. Pralle
-----------------------------------
Name: Michael E. Pralle
Title: Attorney-in-fact*
GENERAL ELECTRIC COMPANY
By: /s/ Michael E. Pralle
-----------------------------------
Name: Michael E. Pralle
Title: Attorney-in-fact**
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* Pursuant to a Power of Attorney attached as Exhibit 2 to this
Schedule 13G.
** Pursuant to a Power of Attorney attached as Exhibit 3 to this
Schedule 13G.
EXHIBIT 1
JOINT FILING AGREEMENT
This will confirm the agreement by and among all the undersigned that
the Schedule 13G filed on or about this date and any further amendments to
the Schedule 13G with respect to beneficial ownership by the undersigned of
shares of the Common Stock, par value $0.01 per share, of Home Properties
of New York, Inc., are being filed on behalf of each of the undersigned in
accordance with Rule 13D-1(k)(1) under the Securities Exchange Act of 1934.
This agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one
and the same instrument.
Dated: February 9, 2000
GENERAL ELECTRIC CAPITAL CORPORATION
By: /s/ Michael E. Pralle
-----------------------------------
Name: Michael E. Pralle
Title: Vice President
GE CAPITAL EQUITY INVESTMENTS, INC.
By: /s/ Michael E. Pralle
-----------------------------------
Name: Michael E. Pralle
Title: President/ General Manager
GENERAL ELECTRIC CAPITAL SERVICES, INC.
By: /s/ Michael E. Pralle
-----------------------------------
Name: Michael E. Pralle
Title: Attorney-in-fact*
GENERAL ELECTRIC COMPANY
By: /s/ Michael E. Pralle
-----------------------------------
Name: Michael E. Pralle
Title: Attorney-in-fact**
- ---------------------
* Pursuant to a Power of Attorney attached as Exhibit 2 to this
Schedule 13G.
** Pursuant to a Power of Attorney attached as Exhibit 3 to this
Schedule 13G.
EXHIBIT 2
POWER OF ATTORNEY
The undersigned, General Electric Capital Services, Inc., a
Delaware corporation (hereinafter referred to as the "Corporation") does
hereby make, constitute and appoint the persons listed below as the
Corporation's true and lawful agent and attorney-in-fact (hereinafter
referred to as the "Attorney") to act either together or alone in the name
and on behalf of the Corporation for and with respect to the matters
hereinafter described.
Name of Attorney: Michael A. Gaudino
J. Gordon Smith
Michael E. Pralle
Paul J. Licursi
Each Attorney shall have the power and authority to do the
following:
To execute and deliver any Schedule 13D, Schedule 13G or Forms 3,
4 and 5 or any amendments thereto required to be filed with the
Securities and Exchange Commission under the Securities Exchange
Act of 1934 on behalf of the Corporation with regard to any
securities owned by the Corporation, General Electric Capital
Corporation or any of their subsidiaries.
And, in connection with the foregoing, to execute and deliver all
documents, acknowledgments, consents and other agreements and to take such
further action as may be necessary or convenient for the Corporation in
order to more effectively carry out the intent and purpose of the
foregoing.
Agreements, commitments, documents, instruments, and other
writings executed by the Attorney in accordance with the terms hereof shall
be binding upon the Corporation without attestation and without affixation
of the seal of the Corporation. The Power of Attorney conferred hereby
shall not be delegable by any Attorney. The Attorney shall serve without
compensation for acting in the capacity of agent and attorney-in-fact
hereunder.
Unless sooner revoked by the Corporation, this Power of Attorney
shall be governed under the laws of the State of New York and the authority
of the Attorney hereunder shall terminate on March 31, 2000.
IN WITNESS WHEREOF, the Corporation has caused this Power of
Attorney to be executed, attested and its corporate seal to be affixed
pursuant to authority granted by the Corporation's board of directors, as
of the 30th day of April, 1998.
General Electric Capital Services, Inc.
(Corporate Seal) By: /s/ Nancy E. Barton
------------------------------------
Nancy E. Barton, Senior Vice President
Attest: Brian T. McAnaney
/s/ Brian T. McAnaney
- --------------------------------------
Brian T. McAnaney, Assistant Secretary
EXHIBIT 3
POWER OF ATTORNEY
The undersigned, General Electric Company, a New York corporation
(hereinafter referred to as the "Corporation") does hereby make, constitute
and appoint the persons listed below as the Corporation's true and lawful
agent and attorney-in-fact (hereinafter referred to as the "Attorney") to
act either together or alone in the name and on behalf of the Corporation
for and with respect to the matters hereinafter described.
Name of Attorney: Joan C. Amble
Nancy E. Barton
Jeffrey S. Werner
Michael A. Gaudino
J. Gordon Smith
Michael E. Pralle
Paul J. Licursi
Each Attorney shall have the power and authority to do the following:
To execute and deliver any Schedule 13D, Schedule 13G or Forms 3, 4
and 5 or any amendments thereto required to be filed with the
Securities and Exchange Commission under the Securities Exchange Act
of 1934 on behalf of the Corporation with regard to any securities
owned by General Electric Capital Services, Inc., General Electric
Capital Corporation or any of their subsidiaries.
And, in connection with the foregoing, to execute and deliver all
documents, acknowledgments, consents and other agreements and to take such
further action as may be necessary or convenient for the Corporation in
order to more effectively carry out the intent and purpose of the
foregoing.
Agreements, commitments, documents, instruments, and other writings
executed by the Attorney in accordance with the terms hereof shall be
binding upon the Corporation without attestation and without affixation of
the seal of the Corporation. The Power of Attorney conferred hereby shall
not be delegable by any Attorney. The Attorney shall serve without
compensation for acting in the capacity of agent and attorney-in-fact
hereunder.
Unless sooner revoked by the Corporation, this Power of Attorney shall
be governed under the laws of the State of New York and the authority of
the Attorney hereunder shall terminate on March 31, 2000.
IN WITNESS WHEREOF, the Corporation has caused this Power of Attorney
to be executed, attested and its corporate seal to be affixed pursuant to
authority granted by the Corporation's board of directors, as of the 9th
day of February, 2000.
General Electric Company
(Corporate Seal) By: /s/ Philip D. Ameen
-------------------------------
Philip D. Ameen, Vice President
Attest: Robert E. Healing
/s/ Robert E. Healing
- -----------------------------
Robert E. Healing,
Attesting Secretary
