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): February 4, 2008
ES BANCSHARES, INC.
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(Exact Name of Registrant as Specified in its Charter)
Maryland 000-52178 20-4663714
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(State or Other Jurisdiction) (Commission File No.) (I.R.S. Employer
of Incorporation) Identification No.)
68 North Plank Road, Newburgh, New York 12550
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(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including area code: (845) 561-0003
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Not Applicable
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(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
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Philip Guarnieri, the President and Chief Operating Officer of ES
Bancshares, Inc. (the "Company"), the holding company of Empire State Bank,
announced that on February 4, 2008, Empire State Bank had filed an application
to convert its charter from a national bank to a New York commercial bank
charter and intends to file an application to be a member of the Federal Reserve
Bank of New York. Mr. Guarnieri indicated that the Company is implementing this
change so that the Bank can have a local charter.
Management hopes to complete the bank charter conversion by the second
quarter of 2008.
Item 9.01 Financial Statements and Exhibits
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(a) Financial Statements of Businesses Acquired. Not applicable.
(b) Pro Forma Financial Information. Not applicable.
(c) Shell Company Transactions. Not applicable.
(d) Exhibits.
Exhibit No. Description
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99.1 Press release issued by the Company on
February 5, 2008 announcing that
Empire State Bank, its wholly owned
subsidiary filed an application to
change its charter.
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: February 5, 2008 By: /s/ Philip Guarnieri
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Philip Guarnieri
President and Chief Operating Officer