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): May 28, 2009
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 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") and its wholly owned subsidiary, Empire
State Bank (the "Bank"), announced that Charles Burnett, the Company's and the
Bank's Chief Financial Officer, was terminated, effective May 28, 2009.
On May 28, 2009, the Company announced the appointment of Bryan Lahey, age
51, as the Company's Acting Principal Accounting Officer. Mr. Lahey has served
as an Assistant Vice President of the Bank since 2004, and in January 2009 was
named the Bank's Comptroller.
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: June 1, 1009 By: /s/ Philip Guarnieri
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Philip Guarnieri
President and Co-Chief Executive Officer