UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC  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 6, 2010

  Smithtown Bancorp, Inc.
  (Exact name of registrant as specified in its charter)

New York
000-13314
11-2695037
(State or other jurisdiction
(Commission
(IRS Employer
of incorporation)
File Number)
Identification No.)

  100 Motor Parkway, Suite 160, Hauppauge, New York 11788
  (Address of principal executive offices)

  Registrant’s telephone number, including area code
  631-360-9300

 
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 5.07      Submission of Matters to a Vote of Security Holders

The annual meeting of the shareholders was held at 10:00 AM on May 6, 2010, at the Sheraton Long Island Hotel, 110 Motor Parkway, Hauppauge, New York 11788.  Three directors were elected for a term of three years and the appointment of Crowe Horwath LLP, as independent auditors for the fiscal year ending December 31, 2010, was ratified.

A shareholder proposal to take the steps necessary to eliminate classification of terms of the Board of Directors to require that all Directors stand for election annually was defeated.
 

The following table details the vote:
   
       
Shares Voted
       
Nominees for Directors to serve a term of three years
 
For
 
Withheld
 
 
 
Broker Non-Votes
                 
Patrick A. Given
 
7,223,467
 
2,488,197
 
 
 
3,556,794
Robert W. Scherdel
 
7,598,823
 
2,112,841
 
 
 
3,556,794
Hyukmon Kwon
 
7,575,278
 
2,136,386
 
 
 
3,556,794
                 
Ratification of Independent Auditors
 
For
 
Against
 
Abstain
 
Broker Non-Votes
Crowe Horwath LLP
 
12,483,710
 
404,375
 
378,252
 
-
                 
Shareholder Proposal
 
For
 
Against
 
Abstain
 
Broker Non-Votes
Declassification of the Board of Directors
 
2,893,464
 
6,380,762
 
440,437
 
3,556,795

 


 
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 thereunto duly authorized.


 
SMITHTOWN BANCORP, INC
   
 
/s/ Christopher Becker
Dated: May 11, 2010
___________________________________
 
Christopher Becker, Executive Vice President
 
and Chief Financial Officer