On May 11, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Cresco Labs Llc, An Illinois Limited Liability Company,
Cresco Labs New York, Llc,
A New York Limited Liability Company,
and
Eric Sirota,
Fiorello Pharmaceuticals, Inc.,
A New York Corporation,
John Does 1 - 10,
Susan Yoss,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/20/2022 01:52 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 659 RECEIVED NYSCEF: 01/20/2022
Exhibit OO
September 4, 2018 Letter From Jerome T. Levy, Esq. To DOH
(Without Enclosed Amended And Restated Plan Of Merger)
Index No. 652343/2018 Motion Seq. No. 12
FILED: NEW YORK COUNTY CLERK 01/20/2022 01:52 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 659 RECEIVED NYSCEF: 01/20/2022
DuaneMorris
SINGAPORE BALTIMORE
PHILADELPHIA FIRMamlAFPTlJAIEOFFICES WILMINGTON
CHICAGO MTAMI
WASHINGTON,DC BOCARATON
SANFRANCISCO PITTSBURGH
JEROME T. LEVY
SlL[CONVALLEY NEWARK
DIRECT DIAL: +1 212 692 1013
SANplEGo PERSONAL FAX: +1 212 202 7596 LASVEGAS
LOSANGELES JTLevy@duanemorris.com CHERRYHILL
E-MAIL:
TAIWAN LAKETAHOE
BOSTON nqPtP.dt/anemorrirCOM MYANMAR
HOUSTON OMAN
AUSTIN OFF1CE
AGCC12EPRESENTATIVE
OfDUANKMORRIS
HANOL
ALLIANCESTNMEXTCO
ANDSRTLANKA
September 4, 2018
VIA EMAIL
Nicole K. Quackenbush, Pharm.D,
Director, Medical Marijuana Program
New York State Department of Health
Empire State Plaza, Corning Tower
Albany, NY 12237
Re: Fiorello Inc. --
Pharmaceuticals,
Amêñdcd Plan of Merger and Emuloyment Contracts
Dear Ms. Quackenbush:
To follow-up on my letter of August 31, 2018, I am enclosing herewith the Amended and
Restated A greement and Plan of Merger which supersedes the document previously submitted to
you. Also enclosed is a document highlighting the revisions from the previous agreement
between the parties which were adopted as a result of our meeting with you and Department of
Health personnel on August 28, 2018, You will note that the Amended Agreement adds an
Exhibit C which will be employment agreements for Susan Yoss and Eric Sirota. Those
agreements will be forwarded as soon as completed; we anticipate that they will be finalized
within the next day or two.
Please let me know if you have any questions, or if in any respect you believe that the
enclosed amended agreement does not address satisfactorily the concerns expressed by the
Department in our meeting. We hope that we can move quickly to allow the acceptance of the
Amended Agreement, and GTI as the investor, so that Fiorello may move towards finalizing its
leases for the dispensaries, and commencing construction of the grow facility.
DUANE MORRIS LLP
540 BROADWAY NEW YORK, NY 10036-4086 PHONE: +1 212 692 1000FAX: +1 212 692 1020
DM2\918462Li
. . -
FILED: NEW YORK COUNTY CLERK 01/20/2022 01:52 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 659 RECEIVED NYSCEF: 01/20/2022
DuaneMorris
Nicole K. Quackenbush, Pharm.D.
September 4, 2018
Page 2
If you have any questions or concerns, please do not hesitate to communicate with me.
Sincerely yours,
36rome T. bevy . ..
JTL:mm
Enclosures
cc: Mr. Eric Sirota (Via Email)
Ms. Susan Yoss (Via Email)
Richard Zahnleuter, Esq. (Via Email)
Ms. Jennifer Terrettblue (Via Email)
Jason Riegert, Esq. (Via Email)
Mr. Joshua Vinciguerra (Via Email)
Michael Bass, Esq. (Via Email)
DM2\9184621.1
Document Filed Date
January 20, 2022
Case Filing Date
May 11, 2018
Category
Commercial Division
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Preview
FILED: NEW YORK COUNTY CLERK 01/20/2022 01:52 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 659 RECEIVED NYSCEF: 01/20/2022 Exhibit OO September 4, 2018 Letter From Jerome T. Levy, Esq. To DOH (Without Enclosed Amended And Restated Plan Of Merger) Index No. 652343/2018 Motion Seq. No. 12 FILED: NEW YORK COUNTY CLERK 01/20/2022 01:52 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 659 RECEIVED NYSCEF: 01/20/2022 DuaneMorris SINGAPORE BALTIMORE PHILADELPHIA FIRMamlAFPTlJAIEOFFICES WILMINGTON CHICAGO MTAMI WASHINGTON,DC BOCARATON SANFRANCISCO PITTSBURGH JEROME T. LEVY SlL[CONVALLEY NEWARK DIRECT DIAL: +1 212 692 1013 SANplEGo PERSONAL FAX: +1 212 202 7596 LASVEGAS LOSANGELES JTLevy@duanemorris.com CHERRYHILL E-MAIL: TAIWAN LAKETAHOE BOSTON nqPtP.dt/anemorrirCOM MYANMAR HOUSTON OMAN AUSTIN OFF1CE AGCC12EPRESENTATIVE OfDUANKMORRIS HANOL ALLIANCESTNMEXTCO ANDSRTLANKA September 4, 2018 VIA EMAIL Nicole K. Quackenbush, Pharm.D, Director, Medical Marijuana Program New York State Department of Health Empire State Plaza, Corning Tower Albany, NY 12237 Re: Fiorello Inc. -- Pharmaceuticals, Amêñdcd Plan of Merger and Emuloyment Contracts Dear Ms. Quackenbush: To follow-up on my letter of August 31, 2018, I am enclosing herewith the Amended and Restated A greement and Plan of Merger which supersedes the document previously submitted to you. Also enclosed is a document highlighting the revisions from the previous agreement between the parties which were adopted as a result of our meeting with you and Department of Health personnel on August 28, 2018, You will note that the Amended Agreement adds an Exhibit C which will be employment agreements for Susan Yoss and Eric Sirota. Those agreements will be forwarded as soon as completed; we anticipate that they will be finalized within the next day or two. Please let me know if you have any questions, or if in any respect you believe that the enclosed amended agreement does not address satisfactorily the concerns expressed by the Department in our meeting. We hope that we can move quickly to allow the acceptance of the Amended Agreement, and GTI as the investor, so that Fiorello may move towards finalizing its leases for the dispensaries, and commencing construction of the grow facility. DUANE MORRIS LLP 540 BROADWAY NEW YORK, NY 10036-4086 PHONE: +1 212 692 1000FAX: +1 212 692 1020 DM2\918462Li . . - FILED: NEW YORK COUNTY CLERK 01/20/2022 01:52 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 659 RECEIVED NYSCEF: 01/20/2022 DuaneMorris Nicole K. Quackenbush, Pharm.D. September 4, 2018 Page 2 If you have any questions or concerns, please do not hesitate to communicate with me. Sincerely yours, 36rome T. bevy . .. JTL:mm Enclosures cc: Mr. Eric Sirota (Via Email) Ms. Susan Yoss (Via Email) Richard Zahnleuter, Esq. (Via Email) Ms. Jennifer Terrettblue (Via Email) Jason Riegert, Esq. (Via Email) Mr. Joshua Vinciguerra (Via Email) Michael Bass, Esq. (Via Email) DM2\9184621.1