Item 2.02 in this report, including Exhibit 99.1 hereto, is being furnished and shall not be deemed “filed” for purposes of the Securities and Exchange Act of 1934, as amended, nor shall it be incorporated by reference into any registration statement or other document filed pursuant to the Securities Act of 1933, as amended, except as expressly set forth in such filing.

Item 7.01  Regulation FD Disclosure

Additional information about the non-performing loans as of September 30, 2009 is available on the investor page of the Bank’s website at www.bankofsmithtown.com.

Item 9.01  Financial Statements and Exhibits

(d)    Exhibits

Exhibit No.
Description

99.1 
The Company’s press release titled, “SMITHTOWN BANCORP ANNOUNCES THIRD QUARTER EARNINGS,” dated November 2, 2009.


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
 
       
Dated: November 2, 2009
 
/s/ Anita M. Florek  
    Anita M. Florek, Executive Vice President,  
    Treasurer and Chief Financial Officer