Ownership Submission
FORM 5
Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
Form 3 Holdings Reported
Form 4 Transactions Reported
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

ANNUAL 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
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1. Name and Address of Reporting Person *
BERNSTEIN JOSEPH E
 2. Issuer Name and Ticker or Trading Symbol
EMPIRE RESORTS INC [NYNY] 		5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
_____ Director _____ 10% Owner
__X__ Officer (give title below) _____ Other (specify below)
CEO
(Last)
(First)
(Middle)

6663 CASA GRANDE WAY		 3. Statement for Issuer's Fiscal Year Ended (Month/Day/Year)
12/31/2009
(Street)


DELRAY BEACH, FL 33446		 4. If Amendment, Date Original Filed(Month/Day/Year)
 6. Individual or Joint/Group Reporting
(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 at end of Issuer's Fiscal Year
(Instr. 3 and 4)		 6. Ownership Form: Direct (D) or Indirect (I)
(Instr. 4)		 7. Nature of Indirect Beneficial Ownership
(Instr. 4)
Amount (A) or (D) Price
Common Stock, $.01 par value per share 12/30/2009   G 60,000 D $ 0 1,272,229 (1) D  
Common Stock, $.01 par value per share             52,500 I By Immediate Family (2)
Common Stock, $.01 par value per share             1,500 I By Limited Liability Company (3)

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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 at End of Issuer's Fiscal Year
(Instr. 4)		 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I)
(Instr. 4)		 11. Nature of Indirect Beneficial Ownership
(Instr. 4)
(A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Stock Option (Right to Buy) $ 1.14           06/16/2009 04/26/2014 Common Stock, $.01 par value per share
250,000
  250,000
D
 
Stock Option (Right to Buy) $ 1.78           12/31/2009 06/07/2014 Common Stock, $.01 par value per share
500,000
  500,000
D
 
Stock Option (Right to Buy) $ 1.14             (4) 04/26/2014 Common Stock, $.01 par value per share
250,000
  250,000
D
 
Stock Option (Right to Buy $ 1.78             (4) 06/07/2019 Common Stock, $.01 par value per share
1,000,000
  1,000,000
D
 

Reporting Owners

Reporting Owner Name / Address Relationships
Director 10% Owner Officer Other
BERNSTEIN JOSEPH E
6663 CASA GRANDE WAY
DELRAY BEACH, FL 33446		       CEO  

Signatures

/s/ Joseph E. Bernstein 01/06/2010
**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).
(1) On December 30, 2009, Mr. Bernstein made a gift of 60,000 shares of the Company to his six children: 50,000 of these shares are held by Mr. Bernstein's wife, Nora Bernstein, as custodian for Mr. Bernstein's children and 10,000 are held by an emancipated adult child of Mr. Bernstein. Mr. Bernstein disclaims beneficial ownership of these shares.
(2) These shares are held by Mr. Bernstein's wife, Nora Bernstein, as custodian for Mr. Bernstein's children, including the gift of 50,000 shares referenced in footnote 1 above.
(3) These shares are held by Bernstarz LLC. Mr. Bernstein is the sole member of and holds 100% of the membership interests of Bernstarz LLC.
(4) The Company has disputed the vesting of these options and Mr. Bernstein subsequently filed notice of his claims against the Company on December 31, 2009.

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