Item 2.02 Results of Operations and Financial Condition

On July 29, 2009 Smithtown Bancorp, Inc. issued a press release reporting unaudited earnings results for the quarter ending June 30, 2009, a copy of which is attached as Exhibit 99.1 of this Current Report on Form 8-K and incorporated herein by reference. The information disclosed under 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 June 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 SECOND QUARTER EARNINGS," dated July 29, 2009.