Sec Form 4 Filing - SELTZER DAVID S @ HI TECH PHARMACAL CO INC - 2013-01-09

FORM 4 Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940

OMB APPROVAL OMB Number: 3235-0287 Expires: November 30, 2011 Estimated average burden hours per response... 0.5

1. Name and Address of Reporting Person SELTZER DAVID S 2. Issuer Name and Ticker or Trading Symbol HI TECH PHARMACAL CO INC [ HITK] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) X __ Director X __ 10% Owner X __ Officer (give title below) _____ Other (specify below) CEO, President, Sec'y, Treas. (Last) (First) (Middle) C/O HI-TECH PHARMACAL CO., INC., 369 BAYVIEW AVENUE 3. Date of Earliest Transaction (MM/DD/YY) 01/09/2013 (Street) AMITYVILLE, NY11701 4. If Amendment, Date Original Filed (MM/DD/YY) 6. Individual or Joint/Group Filing (Check Applicable Line) __ X __ Form filed by One Reporting Person _____ Form filed by More than One Reporting Person (City) (State) (Zip)

Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned 1.Title of Security (Instr. 3) 2. Transaction Date (MM/DD/YY) 2A. Deemed Execution Date, if any (MM/DD/YY) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (D) Price Common Stock 12/26/2012 G V 350 A $ 0 ( 1 ) 1,236,295 D Common Stock 01/09/2013 F 35,092 D $ 37.06 1,201,203 D Common Stock 01/09/2013 M 112,500 A $ 11.56 1,313,703 D Common Stock 12/26/2012 G V 1,050 A $ 0 ( 1 ) 224,927 I By Spouse and Issue

Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible securities) 1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (MM/DD/YY) 3A. Deemed Execution Date, if any (MM/DD/YY) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4, and 5) 6. Date Exercisable and Expiration Date (MM/DD/YY) 7. Title and Amount of Underlying Securities (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares Stock Option (Right to Buy) ( 2 ) $ 11.56 01/09/2013 M 112,500 01/14/2004( 3 ) 01/14/2013 Common Stock 112,500 $ 0 0 ( 4 ) D

Reporting Owners Reporting Owner Name / Address Relationships Director 10% Owner Officer Other SELTZER DAVID S C/O HI-TECH PHARMACAL CO., INC. 369 BAYVIEW AVENUE AMITYVILLE, NY11701 X X CEO, President, Sec'y, Treas. Signatures David S. Seltzer 01/11/2013 Signature of Reporting Person Date

Explanation of Responses:

( 1 )The shares were acquired by gift for which no consideration was received. ( 2 )Stock Option granted under Hi-Tech Pharmacal Co., Inc.'s Amended and Restated Stock Option Plan, which is a Rule 16b-3 Plan ( 3 )The option became exercisable in four (4) equal installments beginning on the first anniversary of the grant date. ( 4 )Other than the option reflected on this form, Mr. Seltzer is also the holder of additional options to acquire an aggregate of 562,500 additional shares of Hi-Tech Common Stock, which options were granted on various dates, with various exercise prices, exercise dates and expiration dates.

Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.

* If the form is filed by more than one reporting person, see Instruction 4(b)(v).

** Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).

Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.