EXHIBIT 99.1

EMPIRE RESORTS  ANNOUNCES  RULING UPHOLDING INDIAN GAMING AND VLTS BY NEW YORK'S
HIGHEST COURT

MONTICELLO,  N.Y.--May 3,  2005--Empire  Resorts (NASDAQ:  NYNY) announced today
that New York State's  highest court has issued a final  decision in the case of
Dalton v. Pataki and Karr v. Pataki,  in which the Company had been a defendant.
The decision by the New York Court of Appeals  upholds the position of the State
Attorney  General  regarding  the  validity  of  gaming  laws  passed  by the NY
Legislature in 2001, including provisions for class III casino gambling on lands
in the Catskills to be held in trust by the United States  Government for Indian
tribes.  The ruling also upholds the validity of Video Lottery Terminals ("VLT")
operations at racetracks in New York State -- including Monticello Raceway.

Robert  Berman,  CEO of Empire said,  "We are pleased  that the State's  highest
court has decided all issues in these cases  favorably to the Company,  and that
the matter has been finally resolved after four years of litigation."

The ruling upholds the legality of the Company's  current VLT gaming  operations
at Monticello  Raceway and proposed projects to develop and manage Indian gaming
facilities at the  Monticello  Raceway and the Concord Hotel &  Resort.  The
decision  provides the State,  Indian tribes and the Company assurance that they
may lawfully move forward to negotiate, operate and finance gaming operations in
the Catskills.

A copy of the decision is available at:
http://www.courts.state.ny.us/ctapps/decisions/may05/51opn05.pdf

About Empire Resorts:

Empire  operates the  Monticello  Raceway and is involved in the  development of
other legal  gaming  venues in New York.  Empire  opened  Mighty M Gaming at the
Raceway site on June 30, 2004. The facility features 1,718 video gaming machines
and amenities such as a 350-seat buffet and live nightly entertainment. Together
with the Cayuga  Nation,  Empire has  announced  plans to develop a $500 million
"Class III" Native American casino and resort on a site adjacent to the Raceway.
In addition,  Empire has recently announced plans to develop a second casino and
resort in the Catskills with the Seneca Cayuga Tribe of Oklahoma.

Statements in this press release  regarding the company's  business that are not
historical  facts  are  "forward-looking  statements"  that  involve  risks  and
uncertainties,  including  the  need for  regulatory  approvals,  financing  and
successful completion of construction. The company 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.  To the extent the  content of this press
release  includes  forward-looking  statements,  they involve  various risks and
uncertainties  including  (i) the risk that the various  approvals  necessary as
described  herein and other  approvals  required to be obtained  from the United
States  Congress,  the Bureau of Indian  Affairs,  the  National  Indian  Gaming
Regulatory  Commission,  the Governor of the State of New York and various other
federal,  State and local governmental entities are not received,  (ii) the risk
that financing  necessary for the proposed  programs or projects may not be able
to  be  obtained  because  of  credit  factors,   market   conditions  or  other









contingencies,  (iii) the risk that sovereign  Native  American  governments may
exercise  certain broad rights with regard to termination of its agreements with
the company (iv) the risk of  non-compliance  by various  counterparties  of the
related  agreements,  and (v) general  risks  affecting the company as described
from  time to time in it's  reports  filed  with  the  Securities  and  Exchange
Commission.  For a full discussion of such risks and uncertainties,  which could
cause  actual  results to differ  from those  contained  in the  forward-looking
statements,  see "Risk Factors" in the company's  Annual Report or Form 10-K for
the most recently ended fiscal year.

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CONTACT:
     Empire Resorts, Inc.
     Charles A. Degliomini, 845-807-0001
     cdegliomini@empireresorts.com