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~~May 2814, 2012

ES Bancshares, Inc.

(Exact Name of Registrant as Specified in its Charter)

Maryland		000-52178		20-4663714
(State or Other Jurisdiction of Incorporation)		(Commission File No.)		(I.R.S. Employer 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 ~~March~~May 2814, 2012, ES Bancshares, Inc. (the “Company”) ~~and~~(OTCBB: ~~its~~ESBS), ~~wholly~~announced ~~owned~~that ~~subsidiary~~its ~~Empire~~board ~~State~~of ~~Bank,~~directors ~~Newburgh,~~approved ~~New~~the ~~York~~termination (of the ~~“Bank”)~~registration ~~received~~of ~~notification~~its ~~from~~common stock under Section 12(g) of the ~~Federal~~Securities ~~Reserve~~Exchange ~~Bank~~Act of ~~New~~1934, ~~York~~as ~~(“FRB-NY”)~~amended. ~~and~~A ~~the~~Form ~~New~~15 ~~York~~will ~~State~~be ~~Department~~filed ofwith ~~Financial~~the ~~Services~~Securities and Exchange Commission (the “~~Department~~SEC”) ~~that~~on ~~the~~or ~~Company~~about ~~and~~May ~~the~~14, ~~Bank~~2012 ~~have~~in ~~satisfied~~order ~~all~~to ofeffect ~~the~~such ~~provisions~~deregistration. ofOnce the ~~Memorandum~~Form of15 ~~Understanding~~is effective, ~~dated~~which ~~May~~is ~~19,~~expected ~~2010~~to ~~(the~~occur ~~“MOU”)~~approximately ~~entered~~90 ~~into~~days ~~between~~following ~~the~~its ~~FRB-NY~~filing, ~~and~~ the ~~Department~~obligations ~~and~~of the Company ~~and~~to file periodic reports with the ~~Bank;~~SEC, including reports on Forms 10-K, 10-Q and ~~accordingly~~8-K, ~~the~~and ~~MOU~~also isto nofile ~~longer~~proxy inmaterials ~~effect~~and asother ofreports ~~March~~with ~~28,~~the ~~2012~~SEC will cease.

~~The~~Anthony ~~Company~~P. Costa, Chairman and ~~the~~Co-Chief ~~Bank~~Executive ~~disclosed~~Officer of the ~~MOU~~Company, incommented, ~~the~~“The Company’s ~~Quarterly~~is ~~Report~~taking onthis ~~Form~~action ~~10-Q~~in ~~for~~order to reduce operating expenses. We believe that the ~~quarter~~continuing ~~ended~~increased ~~June~~costs 30and administrative burdens of public company status, ~~2010~~including ~~filed~~our reporting obligations with the ~~Securities~~SEC, outweigh the benefits of public reporting.” Mr. Costa also indicated that ES Bancshares, Inc. will post quarterly information regarding its results of operations and ~~Exchange~~financial ~~Commission~~condition on ~~August~~www.esbna.com ~~12,~~and ~~2010~~will continue to provide stockholders with an annual report containing audited financial statements.

The Company is the holding company of Empire State Bank, a New York- chartered commercial bank serving business and personal clients from its offices in Newburgh, New Paltz and Staten Island, New York.

This current report on Form 8-K contains certain forward-looking statements that are based on assumptions and may describe future plans, strategies and expectations of the Company. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts. They often include words like “believe,” “expect,” “anticipate,” “estimate” and “intend” or future or conditional verbs such as “will,” “would,” “should,” “could” or “may.” Certain factors that could cause actual results to differ materially from expected results include changes in the interest rate environment, changes in general economic conditions, legislative and regulatory changes that adversely affect the business of the Company and the Bank, and changes in the securities markets. Except as required by law, the Company does not undertake any obligation to update any forward-looking statements to reflect changes in belief, expectations or events.

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~~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: April 10, 2012	By:	/s/ Anthony P. Costa
DATE: May 14, 2012	By:	/s/ Anthony P. Costa
		Anthony P. Costa
		Chairman and Co- Chief Executive Officer
		Chairman and Co-Chief Executive Officer

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