Item 8.01 Other Events.

On January 27, 2009, CMS Bancorp, Inc. (the "Registrant"), received confirmation from the Office of Thrift Supervision (the "OTS") that the OTS has accepted the withdrawal of the Registrant's application to participate in the TARP Capital Purchase Program administered by the United States Treasury. The application was filed with the Treasury on November 13, 2008.

Community Mutual Savings Bank. (the "Bank"), which is wholly owned by the Registrant, is a well-capitalized community bank operating in the Westchester, County, New York market area. As of January 27, 2009, the Bank exceeded all of its Tier I regulatory capital requirements as a "well capitalized" financial institution. The Registrant's decision to withdraw its application was based on its assessment that it does not require the capital that would potentially be available to it through the TARP program at this time. The Registrant believes that, were it to need capital, it could access capital from sources other than the federal government on terms that were more flexible than those available under the TARP program.

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