DUSA
Pharmaceuticals, Inc.
|
(Name
of Issuer)
|
Common
Stock
|
(Title
of Class of Securities)
|
266898105
|
(CUSIP
Number)
|
George
Lee
General
Counsel
SRB
Management, L.P.
300
Crescent Court, Ste. 1111
Dallas,
Texas 75201
(214)
756-6056
|
(Name,
Address and Telephone Number of Person
Authorized
to Receive Notices and Communications)
|
December
3, 2008
|
(Date
of Event which Requires Filing of this
Statement)
|
1.
|
Names
of Reporting Persons. I.R.S. Identification Nos. of above
persons (entities only):
Steven
R. Becker
|
||
2.
|
Check
the Appropriate Box if a Member of a Group (See
Instructions):
(a) o
(b) o
|
|
|
3.
|
SEC
Use Only
|
||
4.
|
Source
of Funds (See Instructions): AF
|
||
5.
|
Check
if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or
2(e):
Not
Applicable
|
||
6.
|
Citizenship
or Place of Organization:
|
United
States
|
Number of
Shares Beneficially
Owned by
Each Reporting
Person With
|
|
7.
8.
9.
10.
|
Sole Voting
Power: 1,784,813
Shared Voting
Power:
0
Sole Dispositive
Power: 1,784,813
Shared
Dispositive
Power:
0
|
11.
|
Aggregate
Amount Beneficially Owned by Each Reporting
Person: 1,784,813
|
||
12.
|
Check
if the Aggregate Amount in Row (11) Excludes Certain Shares
(See
Instructions): Not
Applicable
|
|
|
13.
|
Percent of Class Represented by Amount in Row (11):
|
7.3.%*
|
|
14.
|
Type
of Reporting Person (See Instructions):
|
HC/IN
|
|
(a)
|
The
person filing this statement (the “Reporting Person”) is Steven R. Becker,
the sole member of BC Advisors, LLC, a member managed limited liability
company (“BCA”), which is the sole general partner of SRB Management,
L.P., a Texas limited partnership (“SRB Management”). SRB
Management is the general partner and investment manager for SRB Greenway
Opportunity Fund, L.P., a Texas limited partnership (“Greenway
Opportunity, L.P.”), SRB Greenway Opportunity Fund, (QP), L.P., a Texas
limited partnership, (“Greenway Opportunity QP”), SRB Greenway
Capital, L.P., a Texas limited partnership (“Greenway Capital L.P.”), SRB
Greenway Capital (Q.P.), L.P., a Texas limited partnership (“Greenway
Capital QP”), and SRB Greenway Offshore Operating Fund, L.P., a Cayman
Islands limited partnership (“Greenway Offshore”). Greenway
Opportunity, L.P., Greenway Opportunity QP, Greenway Capital L.P.,
Greenway Capital QP and Greenway Offshore are collectively referred to as
the “Greenway Funds”.
|
|
(b)
|
The
business address of the Reporting Person is 300 Crescent Court, Suite
1111, Dallas, Texas 75201.
|
|
(c)
|
The
principal business of the Reporting Person is serving as investment
manager of the Greenway Funds.
|
|
(d)
|
The
Reporting Person has not, during the last five years, been convicted in a
criminal proceeding (excluding traffic violations or similar
misdemeanors).
|
|
(e)
|
The
Reporting Person has not, during the last five years, been a party to a
civil proceeding of a judicial or administrative body of competent
jurisdiction as a result of which such Reporting Person was or is subject
to a judgment, decree or final order enjoining future violations of, or
prohibiting or mandating activities subject to, federal or state
securities laws or finding any violation with respect to such
laws.
|
|
(f)
|
The
Reporting Person is a United States
citizen.
|
|
(a)
|
The
Reporting Person is the beneficial owner of 1,451,647, shares of Common
Stock and warrants exercisable for 333,166 shares of Common Stock for the
accounts of the Greenway Funds.
|
|
(b)
|
The
Reporting Person has the sole power to vote and direct the disposition of
the shares of Common Stock for which it is deemed to be the beneficial
owner.
|
|
(c)
|
During
the past 60 days, the Reporting Person purchased 6,300 shares on October
23, 2008 for $1.00 per share, sold 38,400 shares on November 6, 2008 for
$1.453 per share, sold 18,400 shares on November 7, 2008 for $1.535 per
share, sold 19,600 on November 12, 2008 for $1.5 per share,
sold 8,700 shares on November 13, 2008 for $1.484 per share, sold 16,948
shares on November 18, 2008 for $1.202 per share, and sold 579,994 shares
on December 2, 2008 for $1.14 per share, all for the accounts of the
Greenway Funds.
|
|
(d)
|
The
Greenway Funds have the right to receive the dividends from and the
proceeds from the sale of the shares and warrants. Greenway
Opportunity Fund (QP), L.P. holds 1,276,828 shares of Common Stock and
warrants exercisable for 206,964 shares of Common Stock, which together
represent approximately 6.1% of the outstanding common stock of the
Company.
|
|
(e)
|
Not
applicable.
|
December
8, 2008
|
/s/ Steven R. Becker
|
Steven
R. Becker
|