Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.

On October 4, 2012, Energy Services of America Corporation (the "Company") received notice from the NYSE MKT LLC ("NYSE") that the Company was not in compliance with one of the NYSE's continuing listing standards as set forth at Part 10 of the NYSE Market Rules company guide, specifically Section 1003(a)(iv) of the NYSE Market Rules company guide since the Company has sustained losses which, in the opinion of the NYSE are so substantial in relation to the Company's overall operations or the Company's existing financial resources, or the Company's financial condition has become so impaired that it appears questionable in the opinion of the NYSE, as to whether the Company will be able to continue its operations and/or meet its obligations. The NYSE has asked that the Company submit a plan indicating how it will become compliant with Section 1003(a)(iv).

The Company and its board of have evaluated the costs of becoming compliant with the NYSE listing requirements as well as the costs of maintaining its common stock listing on the NYSE. The Company has determined that it will not contest any delisting proceedings that may be initiated by the NYSE.