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): October 8, 2003




                      EMPIRE RESORTS, INC.

        (Exact Name of Registrant as Specified in Charter)





     Delaware                  1-12522             13-3714474
(State or other jurisdiction(Commission File No.)(IRS Employer
of incorporation)                                Identification
                                                  No.)



    RT 17B, P.O. Box 5013, Monticello, New York     12701
      (Address of PRincipal Executive Offices)     (Zip Code)

Registrant's telephone number, including area code:
(845) 794- 4100 ext. 478






ITEM 5.   OTHER EVENTS

A  recent  decision  has  changed the status  of  the  litigation
brought  against Park Place Entertainment (NYSE:PPE) by  Catskill
Development,  LLC,  Mohawk Management LLC and Monticello  Raceway
Management LLC. On October 7, 2003, immediately after receiving a
remand  of jurisdiction from the Second Circuit Court of Appeals,
Judge  Colleen Mc Mahon granted the plaintiff's motion to  vacate
her earlier decision granting summary judgment to the defendant.

The Court found that the conduct of the defendants in failing  to
produce  certain audio tapes during the discovery  phase  of  the
litigation was sufficient grounds for the earlier judgment to  be
vacated.  In the view of the Court, "substantial justice counsels
in  favor  of vacatur to allow plaintiffs a brief opportunity  to
take discovery."

The Court called for a thirty day period of additional discovery,
after  which  the  parties  will be allowed  to  provide  further
briefs.  The  terms of the additional discovery outlined  in  the
decision  do  not cover a majority of the issues  raised  in  the
plaintiff's appeal and there can be no assurance that the  effect
of  the  decision  will  be  to ultimately  change  the  original
decision of the Court.

Please see attached press release for additional information.



ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS


(a)  Exhibits

99.1 Press Release dated October 8, 2003



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 thereunto duly authorized.


Dated:October 8, 2003           EMPIRE RESORTS, INC.
                                   (Registrant)
                                By: /s/  Scott A. Kaniewski
						Scott A. Kaniewski
                                    Chief Financial Officer




                                                  EXHIBIT 99.1
Contact:
Nicki Hensley
Hill & Knowlton
(202) 944-1996
nicki.hensley@hillandknowlton.com     FOR IMMEDIATE RELEASE


 EMPIRE RESORTS ANNOUNCES NEW DECISION IN PARK PLACE LITIGATION

Monticello,  New York - October 8, 2003 -- A recent decision  has
changed  the status of the litigation brought against Park  Place
Entertainment  (NYSE:PPE)  by Catskill Development,  LLC,  Mohawk
Management LLC and Monticello Raceway Management LLC. On  October
7,  2003,  immediately after receiving a remand  of  jurisdiction
from  the Second Circuit Court of Appeals, Judge Colleen  McMahon
granted  the  plaintiff's motion to vacate her  earlier  decision
granting summary judgment to the defendant.

The Court found that the conduct of the defendants in failing  to
produce  certain audio tapes during the discovery  phase  of  the
litigation was sufficient grounds for the earlier judgment to  be
vacated.  In the view of the Court, "substantial justice counsels
in  favor  of vacatur to allow plaintiffs a brief opportunity  to
take discovery."

The Court called for a thirty day period of additional discovery,
after  which  the  parties  will be allowed  to  provide  further
briefs.  The  terms of the additional discovery outlined  in  the
decision  do  not cover a majority of the issues  raised  in  the
plaintiff's appeal and there can be no assurance that the  effect
of  the  decision  will  be  to ultimately  change  the  original
decision of the Court.

One  effect  of  the  decision  is  to  suspend  the  plaintiff's
currently pending appeal.  Thus, if the ultimate outcome  in  the
District  Court  does not change as a result  of  the  additional
discovery resulting from the withheld audio tapes, the effect  of
the decision will be to delay the determination of the appeal for
an  additional period of time, currently estimated by counsel  to
be six to ten months.

Under   the  agreement  of  the  merger  between  Empire  Resorts
(NASDAQ:NYNY) and Catskill, the claims in this litigation are  to
be  transferred to a trust for the beneficial owners of the claim
at  the  time of the merger, including the Company's shareholders
of record at that time. Should the position of the parties change
materially  as  a  result  of  the  progress  of  the  additional
discovery  and  deliberation by the court provided  for  in  this
decision,  the provisions with respect to the litigation  in  the
merger agreement may be subject to change.

To the extent the content of this press release includes forward-
looking statements, they involve risks and uncertainties that are
described from time to time in Empire Resort's reports filed with
the Securities and Exchange Commission.  Empire Resorts wishes to
caution  readers  not to place undue reliance  on  such  forward-
looking  statements, which statements are made  pursuant  to  the
Private  Securities Litigation Reform Act of 1994, and  as  such,
speak only as of the date made.

                               ###