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): January 30, 2010

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 January 30, 2010, 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 538 - 371, that they support the Tribe pursuing 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.
	99.1	Press release issued by the St. Regis Mohawk Tribe on January 30, 2010.

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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: February 1, 2010	By:	/s/ Joseph A. D’Amato
		Name: Joseph A. D’Amato
		Title: Chief Executive Officer

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EX-99

Exhibit 99.1

PRESS RELEASE

For release:	For more information:
Tsiothorko:wa/January 30, 2010	David T. Staddon, Director Public Information
	St. Regis Mohawk Tribe
	Tel: (518) 358-2272 ext. 286

Tribal Election Board Announces Unofficial Referendum Results

Catskills Gaming Project

Akwesasne Territory — The St. Regis Mohawk Tribe held a referendum on Saturday, January 30th in the lobby of the Community Tribal Building to consider approval of an off-reservation gaming project in the Catskills. The voters considered the question, “Do you approve of the Tribe pursuing off-reservation gaming in the Catskills?”

Voter turnout was good at 936 and the measure was unofficially approved with 538 votes for, 371 against and 27 ballots void. The next hurdle for the tribe to clear is the so-called Kempthorne decision, made during the Bush Administration. The Obama Administration is currently reviewing this earlier decision that limited off-reservation gaming developments.

The Tribal Election Board will later officially certify the referendum results after a five-day period, pending any appeals, and announce those results as soon as they are finalized.

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