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 *
KANIEWSKI SCOTT A
 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)
Chief Financial Officer
(Last)
(First)
(Middle)

C/O MONTICELLO RACEWAY, ROUTE 17B		 3. Statement for Issuer's Fiscal Year Ended (Month/Day/Year)
12/31/2004
(Street)


MONTICELLO, NY 12701		 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 06/02/2004   J(1) 17,022 A $ 0 151,118 D  
Common Stock, $.01 par value per share 06/02/2004   J(1) 1,300 A $ 0 152,418 D  
Common Stock, $.01 par value per share 06/02/2004   G 1,300 D $ 0 151,118 D  
Common Stock, $.01 par value per share 06/02/2004   J(1) 224,179 A $ 0 253,119 I By Limited Partnership (2)
Common Stock, $.01 par value per share 06/02/2004   J(1) 264,397 A $ 0 299,383 I By Trust (3)
Common Stock, $.01 par value per share 12/10/2004   G 300 D $ 0 299,083 I By Trust
Common Stock, $.01 par value per share 06/02/2004   J(1) 504,123 D $ 0 2,776 I By Watertone Holdings, L.P. (4)

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 2270 (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 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

Reporting Owners

Reporting Owner Name / Address Relationships
Director 10% Owner Officer Other
KANIEWSKI SCOTT A
C/O MONTICELLO RACEWAY
ROUTE 17B
MONTICELLO, NY 12701		       Chief Financial Officer  

Signatures

/s/ Kaniewski, Scott A. 02/11/2005
**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).
(1) On June 2, 2004, Watertone Holdings, LP (''Watertone'') made a pro rata distribution of 4,483,588 shares of common stock of Empire Resorts, Inc. to its partners, with respect to which Robert A. Berman directly holds a 46.305% limited partnership interest.
(2) These shares are held by the Kaniewski Family Limited Partnership (''KFLP''). Mr. Kaniewski is a 1% limited partner and the general partner of KFLP and he has sole voting and dispositive power over the shares held by KFLP. Mr. Kaniewski disclaims beneficial ownership of all the shares owned by KFLP for any purpose other than voting and dispositive power.
(3) These shares are held by the KFP Trust (''KFPT''), whose sole trustee is Stacey Kaniewski, Mr. Kaniewski's wife, and whose sole beneficiaries are Mr. Kaniewski's children. Mr. Kaniewski disclaims beneficial ownership of all the shares held by KFPT.
(4) Through BKB, LLC ("BKB"), the holder of a 1% general partnership interest in Watertone, and 15.3% of which is owned by Mr. Kaniewski, Mr. Kaniewski indirectly holds a general partnership interest of .00153% of Watertone, representing an indirect interest in less than 1 of the shares. KFLP, of which Mr. Kaniewski is a 1% limited partner and the general partner with sole voting and dispositive power, holds a 4.95% limited partnership interest in Watertone, representing an indirect interest in approximately 1,238 of the remaining shares. KFPT, whose sole trustee is Mr. Kaniewski's wife, and whose sole beneficiaries are Mr. Kaniewski's children, holds a 6% limited partnership interest in Watertone, representing an indirect interest in 1,500 of the remaining shares.

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