FORM 4
[ ] Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).         
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES
                                                                                  
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Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940
                      

1. Name and Address of Reporting Person *

CROSS RIVER CAPITAL MANAGEMENT LLC 		2. Issuer Name and Ticker or Trading Symbol

CMS Bancorp, Inc. [ CMSB ] 		5. Relationship of Reporting Person(s) to Issuer (Check all applicable)

_____ Director                      __ X __ 10% Owner
_____ Officer (give title below)      _____ Other (specify below)
(Last)          (First)          (Middle)

456 MAIN STREET, 2ND FLOOR,  		3. Date of Earliest Transaction (MM/DD/YYYY)

11/9/2012
(Street)

RIDGEFIELD, CT 06877
(City)        (State)        (Zip)
4. If Amendment, Date Original Filed (MM/DD/YYYY)

 
6. Individual or Joint/Group Filing (Check Applicable Line)

___ Form filed by One Reporting Person
_ X _ Form filed by More than One Reporting Person

Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1.Title of Security
(Instr. 3) 		2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code
(Instr. 8) 		4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) 		5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4) 		6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Common Stock   11/9/2012     P    3200   A $7.90   189537   D   (1)  
Common Stock                  189537   I   See footnote   (2)
Common Stock   12/6/2012     P    1000   A $7.83   190537   D   (1)  
Common Stock                  190537   I   See footnote   (2)
Common Stock   12/7/2012     P    1000   A $7.90   191537   D   (1)  
Common Stock                  191537   I   See footnote   (2)
Common Stock   12/18/2012     P    1000   A $7.83   192537   D   (1)  
Common Stock                  192537   I   See footnote   (2)
Common Stock   12/26/2012     P    100   A $7.85   192637   D   (1)  
Common Stock                  192637   I   See footnote   (2)
Common Stock   12/27/2012     P    1000   A $7.89   193637   D   (1)  
Common Stock                  193637   I   See footnote   (2)

Table II - Derivative Securities Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible securities)
1. Title of Derivate Security
(Instr. 3) 		2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date, if any 4. Trans. Code
(Instr. 8) 		5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) 		6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security
(Instr. 3 and 4) 		8. Price of Derivative Security
(Instr. 5) 		9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares

Explanation of Responses:
( 1)  The reported securities are directly owned by Cross River Partners LP.
( 2)  The reported securities are directly owned by Cross River Partners LP a limited partnership managed by Cross River Capital Management LLC, and may be deemed indirectly beneficially owned by Cross River Capital Management LLC as the investment manager of Cross River Partners LP. The reported securities may also be deemed indirectly beneficially owned by Richard Murphy as Managing Member of Cross River Capital Management LLC. The Reporting Persons disclaim beneficial ownership of the reported securities except to the extent of their pecuniary interest therein, and this report shall not be deemed an admission that such Reporting Persons are the beneficial owners of the securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose.

Reporting Owners
Reporting Owner Name / Address
Relationships
Director 10% Owner Officer Other
CROSS RIVER CAPITAL MANAGEMENT LLC
456 MAIN STREET, 2ND FLOOR
RIDGEFIELD, CT 06877
X

Cross River Partners LP
456 MAIN STREET, 2ND FLOOR
RIDGEFIELD, CT 06877
X

MURPHY RICHARD
C/O CROSS RIVER CAPITAL MANAGEMENT LLC
456 MAIN STREET, 2ND FLOOR
RIDGEFIELD, CT 06877
X


Signatures
Cross River Capital Management, LLC, By: /s/ Richard Murphy, Managing Member 2/12/2013
** Signature of Reporting Person Date

Cross River Partners LP, By: /s/ Richard Murphy, Managing Member of Cross River Capital Management, LLC, its General Partner 2/12/2013
** Signature of Reporting Person Date

/s/ Richard Murphy 2/12/2013
** Signature of Reporting Person Date


Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4(b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.
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