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 5, 2011
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 5.07 Submission of Matters to a Vote of Security Holders.
On May 5, 2011, ES Bancshares, Inc. (the “Company”) held its Annual Meeting of Stockholders. At the Annual Meeting, stockholders considered the election of directors, the ratification of independent registered public accountants, and a shareholder proposal. A breakdown of the votes cast is set forth below.
| 1. | The election of directors | For | Withheld | ||
| Anthony P. Costa | 1,063,130 | 98,700 | |||
| Philip Guarnieri | 1,062,800 | 99,030 | |||
| Walter Daszkowski | 1,063,000 | 98,830 | |||
| David Freer, Jr. | 1,060,830 | 101,000 |
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2.
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The ratification of the appointment of Crowe Horwath LLP as the Company’s independent registered public auditing firm for the year ending December 31, 2011.
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| For | Against | Abstain | Broker non-votes | |||
| 1,487,479 | 5,000 | 250 | 0 |
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3.
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RESOLVED, that effective on the date of the approval of this resolution as provided in Article 7.D of the Company’s Articles of Incorporation, Anthony P. Costa and Philip Guarnieri be and each of them hereby is removed for cause as Directors of the Company.
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| For | Against | Abstain | Broker non-votes | |||
| 0 | 1,492,729 | 0 | 0 |
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.
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ES BANCSHARES, INC.
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Date: May 10, 2011
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By:
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/s/ Philip Guarnieri | |
| Philip Guarnieri | |||
| President and Co-Chief Executive Officer | |||