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): March 23, 2009

                               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 5.02.  Departure of Directors or Certain Officers; Election of Directors;
Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

     ES Bancshares,  Inc. (the "Company") announced that Charles E. Burnett, age
60, has joined the Company and its wholly owned  subsidiary,  Empire State Bank,
as its Vice President and Chief Executive Officer, effective March 23, 2009. Mr.
Burnett is replacing  Arthur W. Budich who was  terminated due to health related
issues, effective February 27, 2009, as previously disclosed by the Company.

     Mr.  Burnett has more than 38 years of experience in the banking  industry.
He most  recently  served,  from 2000 until 2008,  as Senior Vice  President and
Chief  Financial  Officer of North Penn Bank, a Pennsylvania  chartered  savings
bank located in Scranton, Pennsylvania.


Item 9.01.  Financial Statements and Exhibits.

         Not Applicable.







     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:  March 23, 2009                       By: /s/ Philip Guarnieri
                                                -----------------------------
                                                Philip Guarnieri
                                                President and Co-Chief Executive
                                                Officer