Joseph D'Amato, former chief financial officer for Empire Resorts, has been promoted to CEO of the company. D'Amato is replacing Joseph Bernstein, whose contract ended in 2009.

D'Amato assumed control of the company on January 1 and is expected to fill his new position until 2013. Prior to his promotion, D'Amato served as Empire's CFO beginning in September 2009. He joined Empire Resorts from Mount Airy Casino Resort in Pennsylvania, where he was the property's CEO.

Empire Resorts currently operates a racino in Monticello, New York, and plans to build a new property in Kiamesha Lake.

Bernstein, who left the company on December 31, has filed a complaint with the New York State Racing and Wagering Board alleging that board representatives of majority shareholder Kien Huat Realty III "hijacked" his authority as head of the New York-based company, which owns Monticello Gaming and Raceway.

Au Fook Yew and G. Michael Brown "began to pull the reins of the company away from me, despite the fact that I was the company's CEO," Joseph Bernstein wrote in a 17-page complaint.

Bernstein has also asked the board to check into the business relationships of Au and Brown regarding possible development of a tribal casino at the Monticello track. He said Brown's role representing the company in negotiations with the Mohawk tribe is a conflict of interest, because Brown previously represented the tribe.

Bernstein also alleged that Empire may have paid both men during periods in which they were barred from doing so by the board.
 
The allegations are "simply untrue," according to new Empire CEO Joseph D'Amato. "Prior to the expiration of his employment agreement, Mr. Bernstein had made numerous financial demands on the company. After the company refused his demands, Mr. Bernstein issued this letter."

D'Amato said Empire contacted the state board "to provide information refuting Mr. Bernstein's claims."

By Staff