8-K 1 form8k-010407.txt 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): January 2, 2007 PROVIDENT NEW YORK BANCORP -------------------------- (Exact Name of Registrant as Specified in Charter) Delaware 0-25233 80-0091851 ----------------------- --------------------- ------------------- (State or Other Jurisdiction) (Commission File No.) (I.R.S. Employer of Incorporation) Identification No.) 400 Rella Boulevard, Montebello, New York 10901 ----------------------------------------- ----- (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: (845) 369-8040 -------------- 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 4.01 Change in Registrant's Certifying Accountant -------------------------------------------- On January 2, 2007, the Audit Committee of Provident New York Bancorp (the "Registrant") dismissed KPMG LLP as the Registrant's principal accountants. The audit reports of KPMG LLP on the consolidated financial statements of the Registrant as of and for the years ended September 30, 2006 and 2005 did not contain an adverse opinion or disclaimer of opinion, and were not qualified or modified as to uncertainty, audit scope or accounting principles. KPMG LLP's audit reports on management's assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal controls over financial reporting as of September 30, 2006 and 2005 did not contain an adverse opinion or disclaimer of opinion, and were not qualified or modified as to uncertainty, audit scope or accounting principles. During the fiscal years ended September 30, 2006 and 2005 and the subsequent interim period through January 2, 2007, there were no: (1) disagreements with KPMG LLP on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure, which disagreements, if not resolved to KPMG LLP's satisfaction, would have caused KPMG LLP to make reference in connection with its opinion to the subject matter, or (2) reportable events under Item 304(a)(1)(v) of Regulation S-K. The Registrant requested that KPMG LLP furnish it with a letter addressed to the Securities and Exchange Commission ("SEC") stating whether or not KPMG LLP agreed with the above statements. A copy of KPMG LLP's letter to the SEC dated January 4, 2007 is filed as an Exhibit to this Current Report on Form 8-K. On January 3, 2007, the Registrant engaged Crowe Chizek and Company LLC as the Registrant's new principal accountants for the fiscal year ending September 30, 2007. The engagement was approved by the Audit Committee of the Board of Directors of the Registrant. During the fiscal years ended September 30, 2006 and 2005, and the subsequent interim period prior to the engagement of Crowe Chizek and Company LLC, the Registrant did not consult with Crowe Chizek and Company LLC regarding any of the matters or events set forth in Item 304(a)(2)(i) and (ii) of Regulation S-K. Exhibit No. Description ----------- ----------- 16 Letter regarding change in certifying accountant 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. PROVIDENT NEW YORK BANCORP DATE: January 4, 2007 By: /s/ Daniel Rothstein ------------------------------ Daniel Rothstein Executive Vice President EXHIBIT INDEX The following exhibits are furnished as part of this report: Exhibit No. Description ----------- ----------- 16 Letter regarding change in certifying accountant