Letter,Correspondence: Cresco Labs New York, Llc, a New York limited liability company, Cresco Labs Llc, An Illinois Limited Liability Company v. Fiorello Pharmaceuticals, Inc., a New York corporation, Eric Sirota, Susan Yoss, John Does 1 - 10

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                FILED: NEW YORK COUNTY CLERK 02/01/2023 07:50 PM         INDEX NO. 652343/2018
NYSCEF DOC. NO. 759                                RECEIVED NYSCEF: 02/01/2023




                           EXHIBIT 14
          Letter from Director of DOH Medical
          Marijuana Program Denying Fiorello’s
          Application to Change Ownership, Dated
          August 23, 2018
FILED: NEW YORK COUNTY CLERK 02/01/2023 07:50 PM          INDEX NO. 652343/2018
NYSCEF DOC. NO. 759                                RECEIVED NYSCEF: 02/01/2023




                                                   Index No. 652343/2018
FILED: NEW YORK COUNTY CLERK 02/01/2023 07:50 PM                                              INDEX NO. 652343/2018
NYSCEF DOC. NO. 759                                                                    RECEIVED NYSCEF: 02/01/2023




                                                       August 23, 2018

          VIA CERTIFIED AND ELECTRONIC MAIL to eric@fpnys.com

          Eric Sirota
          Co-Chief Executive Officer
          Fiorello Pharmaceuticals
          12 East 49th Street, 11th Floor
          New York, New York 10017

          Dear Mr. Sirota:

                  This letter is in response to your email dated July 12, 2018, requesting the review and
          approval of the New York State Department of Health (Department) for an ownership change of
          Fiorello Pharmaceuticals (Fiorello) to Green Thumb Industries (GTI). The proposed ownership
          change would result in GTI, a proposed new investor, owning one hundred percent of Fiorello.

                  The Department issued a registration to Fiorello on August 1, 2017. Pursuant to 10
          NYCRR § 1004.8, the registration issued to Fiorello is non-transferrable. The Department has
          reviewed your request and hereby denies the proposed change in ownership, as it would
          constitute a direct transfer of the registration.

                   In addition, Fiorello has not demonstrated progress toward beginning operations.
          Pursuant to 10 NYCRR § 1004.9, a registered organization is required to surrender its
          registration to the Department upon written notice and demand if the registered organization
          fails to begin operations, to the satisfaction of the Department, of a manufacturing and/or
          dispensing facility within six months of the date of issuance of the registration. The Department
          has provided flexibility with this requirement to help support a phased-in approach of new
          registered organizations. Nonetheless, based on documentation submitted by Fiorello to the
          Department, it appears that Fiorello is unable to begin operations to the satisfaction of the
          Department without the proposed change in ownership with GTI. Please submit an updated
          timeline demonstrating how Fiorello will begin operations, to the satisfaction of the Department,
          by the end of the calendar year.

                   Please submit a confirmatory email to mmp@health.ny.gov to acknowledge receipt of
          this letter. Should you have any questions concerning this letter, please feel free to contact me
          directly at (518) 402-0705.
                                                       Sincerely,




                                                       Nicole K. Quackenbush, Pharm.D.
                                                       Director
                                                       Medical Marijuana Program