X0303 4 2010-11-29 0000906780 EMPIRE RESORTS INC NYNY 0001432054 CAPPELLI LOUIS C/O CAPPELLI ENTERPRISES, INC. 115 STEVENS AVENUE VALHALLA NY 10595 1 0 0 1 See foonote (2) 0001437954 LRC Acquisition LLC C/O CAPPELLI ENTERPRISES, INC. 115 STEVENS AVENUE VALHALLA NY 10595 0 0 0 1 See footnote (2) 0001437929 Cappelli Resorts LLC C/O CAPPELLI ENTERPRISES, INC. 115 STEVENS AVENUE VALHALLA NY 10595 0 0 0 1 See footnote (2) Common Stock, $0.1 par value per share 2010-11-29 4 S 0 40100 1.10 D 5291419 I By LRC Acquisition LLC The amount reported in Column 4 is a sum of shares sold in multiple transactions, all at the price of $1.10 per share. The Reporting Persons undertake to provide to Empire Resorts, Inc. (the "Company"), any security holder of the Company, or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares sold in each separate transaction. Louis R. Cappelli ("Cappelli") serves as the managing member and majority owner of LRC Acquisition LLC ("LRC") and Cappelli Resorts LLC ("Resorts"), and indirectly owns 5,129,986 shares of the Company's Common Stock, $.01 par value per share. Cappelli directly owns (i) 98,333 options which are currently exercisable and (ii) 10,000 of restricted stock issued on January 4, 2010 pursuant to the Company's 2005 Equity Incentive Plan, which shares will vest on January 4, 2011. LRC directly owns 3,955,474 of shares. Resorts directly owns 1,174,512 shares. Each of Cappelli, LRC and Resorts beneficially owns less than ten percent (10%) of the outstanding shares of the Company. Each of Cappelli, LRC and Resorts disclaims beneficial ownership of the shares reported on this Form 4 other than the shares directly owned by such person. /s/ LOUIS R. CAPPELLI 2010-12-01 LRC ACQUISITION LLC /s/ LOUIS R. CAPPELLI, Managing Member 2010-12-01 CAPPELLI RESORTS LLC /s/ LOUIS R. CAPPELLI, Managing Member 2010-12-01