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. 662 RECEIVED NYSCEF: 01/20/2022
Exhibit RR
October 5, 2018 Letter From DOH
Setting January 31, 2019 Deadline For Fiorello To Become Operational
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. 662 RECEIVED NYSCEF: 01/20/2022
WYORK
JEOF
Department
ORTUNITY.
of Health
ANDREW M. CUOMO HOWARD A. ZUCKER, M.D., J.D. SALLY DRESLIN, M.S., R.N.
Governor Commissioner Executive Deputy Commissioner
October 5, 2018
VIA CERTIFIED AND ELECTRONIC MAIL to eric@fpnys.com
Mr. Eric Sirota
Fiorello Pharmaceuticals, Inc.
12 East 49th Street, 11th Floor
New York, NY 10017
Dear Mr. Sirota:
Pursuant to 10 NYCRR § 1004.9, if a registered organization fails to begin operations, to the
satisfaction of the Department, of a manufacturing or dispensing facility within six months of the date of
issuance of the registration, it is required to surrender its registration to the Department of Health
(Department) upon written notice and demand. To date, the Department has been very flexible in allowing
Fiorello Pharmaceuticals, Inc. additional time to begin operations. Fiorello Pharmaceuticals, Inc. however,
was issued a registration on August 1, 2017 and has yet to begin operations. This letter serves as written
notice to Fiorello Pharmaceuticals, Inc. that it must begin operations, to the satisfaction of the Department,
by January 31, 2019.
To begin operations to the satisfaction of the Department, and avoid surrender of your registration,
Fiorello Pharmaceuticals, Inc. must, at a minimum, have two operational dispensing facilities and
begin manufacturing within six months prior to the expiration of its registration.
In addition, please be aware that 10 NYCRR § 1004.7(a) requires Fiorello Pharmaceuticals, Inc. to
file an application for renewal to the Department four to six months prior to the expiration of its registration
on July 31, 2019. As of right now, there is insufficient criteria to justify renewing Fiorello Pharmaceuticals,
Inc.’s registration, since Fiorello Pharmaceuticals, Inc. does not have any operational facilities.
Please submit a confirmatory email to ROCommunications@health.ny.gov to acknowledge receipt of
this letter and provide a weekly written narrative documenting Fiorello Pharmaceuticals, Inc.’s specific
progress toward meeting the requirements listed above to begin operations beginning 1/31/19. Should you
have any questions concerning this letter, please contact me directly at (518) 402-0705.
Sincerely,
Nicole K. Quackenbush, Pharm.D.
Director
Medical Marijuana Program
Empire State Plaza, Corning Tower, Albany, NY 12237 J health.ny.gov
Document Filed Date
January 20, 2022
Case Filing Date
May 11, 2018
Category
Commercial Division
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