Edgar Filing: EMPIRE RESORTS INC

Ownership Submission

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

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940

OMB APPROVAL

OMB Number:

3235-0287

Expires:

January 31, 2005

Estimated average burden hours per response...

0.5

(Print or Type Responses)

1. Name and Address of Reporting Person ^*

BERMAN ROBERT ALAN

2. Issuer Name and Ticker or Trading Symbol
EMPIRE RESORTS INC [NYNY]

5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)

__X__ Director	__X__ 10% Owner
__X__ Officer (give title below)	_____ Other (specify below)
Chief Executive Officer

(Last)

(First)

(Middle)

C/O MONTICELLO RACEWAY, ROUTE 17B

3. Date of Earliest Transaction (Month/Day/Year)
03/12/2002

(Street)

MONTICELLO, NY 12701

4. If Amendment, Date Original Filed(Month/Day/Year)
10/24/2003

6. Individual or Joint/Group Filing(Check Applicable Line)
_X_ Form filed by One Reporting Person
___ Form filed by More than One Reporting Person

(City)

(State)

(Zip)

Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned

1.Title of Security (Instr. 3)	2. Transaction Date (Month/Day/Year)	2A. Deemed Execution Date, if any (Month/Day/Year)	3. Transaction 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)
1.Title of Security (Instr. 3)	2. Transaction Date (Month/Day/Year)	2A. Deemed Execution Date, if any (Month/Day/Year)	Code	V	Amount	(A) or (D)	Price		6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	7. Nature of Indirect Beneficial Ownership (Instr. 4)
Common Stock, $.01 par value per share	10/22/2003		M		16,500	A	$ 2.12	403,627	D
Common Stock, $.01 par value per share	10/22/2003		S		16,500	D	$ 12.8	387,127	D
Common Stock, $.01 par value per share								4,090	I	By Spouse ⁽³⁾
Common Stock, $.01 par value per share	10/23/2003		S		4,090 ⁽²⁾	D	$ 12.74	0	I	By Spouse ⁽³⁾
Common Stock, $.01 par value per share								12,272	I	By Trust ⁽⁴⁾
Common Stock, $.01 par value per share								2,392,857	I	By Proxy ⁽⁵⁾

Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
	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.		SEC 1474 (9-02)

Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)

1. Title of Derivative Security
(Instr. 3)

2. Conversion or Exercise Price of Derivative Security

3. Transaction Date (Month/Day/Year)

3A. Deemed Execution Date, if any (Month/Day/Year)

4. Transaction 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
(Month/Day/Year)

7. Title and Amount of Underlying Securities
(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

(A)

(D)

Date Exercisable

Expiration Date

Title

Amount or Number of Shares

Stock Option (Right to Buy)

$ 2.12

10/22/2003

16,500

01/09/2003

01/09/2013

Common Stock, $.01 par value per share

16,500

$ 0

78,516

Reporting Owners

Reporting Owner Name / Address	Relationships
Reporting Owner Name / Address	Director	10% Owner	Officer	Other
BERMAN ROBERT ALAN C/O MONTICELLO RACEWAY ROUTE 17B MONTICELLO, NY 12701	X	X	Chief Executive Officer

Signatures

/s/ Berman, Robert A.		02/14/2005
^**Signature of Reporting Person		Date

Explanation of Responses:

*	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).
(2)	These 4,090 shares of common stock were registered in the name of Debbie N. Berman, Robert A. Berman's wife. Robert A. Berman disclaims beneficial ownership of such shares.
(3)	Robert A. Berman and Debbie N. Berman are separated and no longer reside in the same household.
(4)	These shares are held by the Berman Family Trust. Debbie N. Berman and Philip Berman, the brother of Robert A. Berman, are co-trustees for the Berman Family Trust, and have joint power to vote or to direct the vote and joint power to dispose or to direct the disposition of these shares. Robert A. Berman disclaims beneficial ownership of such shares.
(5)	On December 10, 2002, the reporting person was granted an irrevocable proxy by each of Bryanston Group, Inc. and Beatrice Tollman that provides the reporting person with the exclusive right to vote an aggregate of 2,392,857 shares of common stock of Empire Resorts, Inc. currently held by Bryanston Group, Inc. and Beatrice Tollman. The reporting person disclaims beneficial ownership of these shares for any purpose other than voting.

Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.

Potential persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB number.