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 EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 20, 2007 ES BANCSHARES, INC. ------------------- (Exact Name of Registrant as Specified in its Charter) Maryland 000-52178 20-4663714 - ----------------------------- --------- ---------- (State or Other Jurisdiction) (Commission File No.) (I.R.S. Employer of Incorporation) Identification No.) 68 North Plank Road, Newburgh, New York 12550 - --------------------------------------- ----- (Address of Principal Executive Offices) Zip Code) Registrant's telephone number, including area code: (845) 561-0003 -------------- Not Applicable -------------- (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 (see General Instruction A.2. below): [ ] 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 August 20, 2007, Empire State Bank, N.A. the wholly owned subsidiary of ES Bancshares, Inc., announced that it has received approval from the Office of the Comptroller of the Currency to open a full-service branch office at 284 New Dorp Lane, Staten Island, Richmond County, New York 10306. The branch is anticipated to open in October 2007. This will be Empire State Bank's third full service branch; joining its locations in Newburgh and New Paltz. New York. Empire State Bank also has a loan production office located in Lynbrook, New York as well as a loan production office in Staten Island, New York which will be consolidated into this Staten Island branch office. Item 9.01. Financial Statements and Exhibits --------------------------------- (a) Financial Statements of Businesses Acquired. Not applicable. (b) Pro Forma Financial Information. Not applicable. (c) Shell Company Transactions. Not applicable. (d) Exhibits. Not applicable SIGNATURES 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. ES BANCSHARES, INC. DATE: August 20, 2007 By: /s/ Philip Guarnieri --------------------- Philip Guarnieri President and Chief Operating Officer