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Cayuga Nation Catskill Casino Plans Moves Forward

MONTICELLO, New York -- (PRESS RELEASE) -- Empire Resorts, Inc. (NASDAQ: NYNY) today affirmed that it is continuing its efforts to develop a casino for the Cayuga Nation of New York following a decision by the Federal 2nd Circuit Court of Appeals. The decision reversed a lower court decision finding in favor of the Cayuga Nation against the State of New York and followed a recent decision adverse to the Oneida Nation by the United States Supreme Court. Citing the U.S. Supreme Court decision in Sherrill vs. Oneida Indian Nation, the court found that the Cayugas' claim was barred.

"This is an area of the law that has seen a number of recent developments and this is only a part of a complex effort to sort out ancient controversies affecting our Native American partners," said David P. Hanlon, president and CEO of Empire. "The courts have a role in clarifying certain matters, but reaching a final solution will ultimately involve the State of New York and the federal government, as well as the courts."

Mr. Hanlon noted that the company's efforts to develop a casino project had never been based on the any land claims, even though the project had been a consideration in settlement discussions. The existence or non-existence of a of a land claim does not negate the 2001 New York State legislation that authorizes up to three Native American casinos in the Catskills. "The land claim litigation played no part in our applications for approval of the project by the federal government," Mr. Hanlon added, noting that the project had already received key environmental and local impact determinations by the BIA's Area Office. "We continue to be confident that the State of New York will find a way to achieve the right result for the Cayuga Nation and other Native American governments and that this project can be fully approved and satisfy all the legal requirements."

He continued, "This decision brings some clarity to an unresolved and uncertain legal issue. This clear judgment from the 2nd Circuit will allow both parties to now focus on the issue at hand - revenue and economic growth for the taxpayers of the State of New York and the people of the Cayuga Nation."

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