8-K

UNITED STATES

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): November 21, 2009

EMPIRE RESORTS, INC.
(Exact name of registrant as specified in its charter)
Delaware	001-12522	13-3714474
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)
c/o Monticello Casino and Raceway, Route 17B,  P.O. Box 5013, Monticello, NY		12701
(Address of principal executive offices)		(Zip Code)

Registrant’s telephone number, including area code: (845) 807-0001

N/A

(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):

o 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))

8.01 Other Events.

On November 21, 2009, the St. Regis Mohawk Tribe (the “Tribe”) issued a press release announcing the results of a referendum of its members pursuant to which the members of the Tribe indicated, by a vote of 178 - 140, that they do not support the Tribe pursing off-reservation gaming in the Catskills region of the State of New York.  The full text of such release is filed as Exhibit 99.1 hereto and incorporated herein by reference.

Item 9.01. Financial Statements and Exhibits.

(d)	Exhibits
	Exhibit No.	Exhibits
	99.1	Press release issued by the St. Regis Mohawk Tribe on November 21, 2009.

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.

	EMPIRE RESORTS, INC.
Dated: November 23, 2009	By:	/s/ Joseph E. Bernstein
		Name: Joseph E. Bernstein
		Title: Chief Executive Officer

EX-99.1

Exhibit 99.1

PRESS RELEASE

For release: Kentenhko:wa/November 21, 2009 For more information: David T. Staddon, Director Public Information St. Regis Mohawk Tribe Tel: (518) 358-2272 ext. 286

MOHAWK TRIBE ANNOUNCES REFERENDUM RESULTS

Catskills Gaming Project and Real Estate Purchase

Akwesasne Territory – The St. Regis Mohawk Tribe provided for input from community members through a referendum on Saturday, November 21st. 319 voters turned out to state their positions on the referendum’s two questions:

“Do you support the tribe pursuing off-reservation gaming in the Catskills?”

“Do you support the Tribe purchasing the ‘Burning Sky’ building and land for $250,000?”

On the question of off-reservation gaming in the Catskills, 140 “yes” votes were cast and 178 “no” votes were cast, giving the tribe a thumbs-down to continue with the off-reservation gaming project. One ballot was spoiled. The next hurdle for the Tribe to clear would have been the reversal of the so-called “Kempthorne Policy,” which, under the Bush Administration, prohibited the St. Regis Mohawk Tribe from building an off-reservation casino in Sullivan County.

On the question of the purchase of real estate to house the Tribe’s human services programs, 37 “yes” votes were cast and 278 “no” votes were cast, so the Tribe will not proceed with the purchase. Four ballots were spoiled. The “Burning Sky” building is the premises where a locally-owned office supply company by the same name previously operated their business.

# # # #

The St. Regis Mohawk Tribal Council is the duly elected and federally recognized government
of the St. Regis Mohawk People.

Helping Build A Better Tomorrow  412 State Route 37 Akwesane, New York  13655 Phone: 518-358-2272