July 13, 2007
United States Securities and Exchange Commission
Division of Corporate Finance
450 Fifth Street, NW
Washington, DC 20549
Re: Kimco Realty Corporation
Registration Statement on Form S-3
Filed July 6, 2007
File No. 333-144378
Ladies and Gentlemen:
Pursuant to Rule 477(a) promulgated under the Securities Act of 1933, as amended (the Securities Act), Kimco Realty Corporation (the Registrant) hereby respectfully requests the immediate withdrawal of its Registration Statement on Form S-3 (File No. 333-144378), together with all exhibits thereto (collectively, the Registration Statement), and the issuance of an order granting the withdrawal of the Registration Statement by the Securities and Exchange Commission (the SEC) as soon as reasonably practical. The Registration Statement was originally filed with the SEC on July 6, 2007. No securities have been sold pursuant to the Registration Statement.
The Registrant requests this withdrawal because the Registration Statement was filed with an incorrect EDGAR header. As a result of this error, the EDGAR system did not accept the filing as an automatic shelf registration statement, as intended by the Registrant and as indicated by check mark on the cover page of the Registration Statement. The Registrant intends to re-file the same Registration Statement on Form S-3ASR (the Corrected Registration Statement) with a correct EDGAR header. Pursuant to discussions with the SEC, the Registrant expects that the Corrected Registration Statement will have a filing date of July 6, 2007.
If you have any questions regarding this matter, please contact Raymond Y. Lin of Latham & Watkins LLP, the Registrants securities counsel, at (212) 906-1369. Thank you for your attention to this matter.
Sincerely,
|
/s/ Michael V. Pappagallo |
Michael V. Pappagallo Executive Vice President and Chief Financial Officer Kimco Realty Corporation |