Simon Malinowski

Simon was appointed managing attorney of our New York office in 2021, but he’s been contributing to our clients’ success since he worked for Harris Sliwoski as a summer associate in 2010 and 2011.

A seasoned real estate attorney, Simon advises developers, investors, contractors, and design professionals across all stages of the property development process, including: condominiums; multi-family rental properties; retail developments; mixed-use developments; and special projects. He also provides comprehensive legal services covering all aspects of commercial property ownership, from leases to refinancing to renovating.

new york adult-use cannabis application

New York Cannabis: A Plea to the Office of Cannabis Management

It has now been over one week since New York’s Cannabis Control Board (CCB) and Office of Cannabis Management (OCM) announced that the general adult-use cannabis license application portal will open on October 4, 2023. For those counting at home, that is less than two weeks away. We, like the many parties with a vested

New York

New York Cannabis: The Retail Dispensary Municipal Notice

New York’s Marijuana Regulation and Taxation Act (MRTA) requires anyone applying for a retail dispensary or on-site consumption license to submit a notice of their intention to apply to the municipality (or community board in New York City) at least 30 days prior to submitting the application. The Office of Cannabis Management (OCM) and Cannabis

new york adult use cannabis license application

New York Cannabis: Portal for Adult-Use License Applications Opens October 4th!

The wait is (almost) over! During the September 12, 2023 Cannabis Control Board (CCB) meeting, the CCB announced that New York’s full, adult-use cannabis license application portal will open on October 4, 2023. The CCB meeting covered a number of other important topics, but we’ll save those for another post. For anyone planning on applying

new york cannabis schedule

New York Cannabis: The Fall “Schedule”

Over the last several months there has been a lot going on in New York’s cannabis world, with the “highlights” being litigation, corporate letters, municipal legislation, and generally just a lot of back and forth about where New York’s adult-use cannabis market is going and how it is getting “there” (wherever “there” is”). Over the

new york cannabis enforcement

New York Cannabis: Early Unforced Errors in Enforcement

A lot has been made recently on New York’s new legislation that empowers the Office of Cannabis Management (OCM) to take enforcement actions against illicit retail dispensaries (check out our posts here and here). This article (paywall) by the always excellent Brad Racino of NY Cannabis Insider provides a play-by-play of the OCM’s first ever

new york city unlicensed dispensaries

New York City Passes Unlicensed Dispensary Landlord Legislation

The New York City Council (the City Council) is taking matters into its own hands, passing legislation that will hold landlord’s liable for renting space to unlicensed cannabis dispensaries. Last week, on June 22, the City Council unanimously passed the legislation (47 to 0), with one abstention. Here is City Council Member Lynn C. Schulman’s

new york cannabis variscite

New York Cannabis: The Variscite Injunction is Lifted

The news tricked out slowly, then all at once: New York has settled the Variscite litigation, and the injunction prohibiting Conditional Adult-Use Retail Dispensary (CAURD) licenses in the Finger Lakes region has been lifted. The settlement was approved during the Cannabis Control Board (CCB) meeting on May 30, 2023, paving the way for new CAURD

new york provisional license

New York Cannabis: The Provisional License and Real Estate

As we noted in our summary of the big Cannabis Control Board meeting on May 11, 2023, one significant revision to the New York adult-use rules and regulations was the creation of the “provisional license.” This mechanism allows applicants to be provisionally licensed without having secured real estate prior to submitting an application. Provisional licensing

new york true party of interest

New York Cannabis: The New True Party of Interest Rule

New York’s release of the revised adult-use rules and regulations has been well-publicized. A key revision that was the source of significant speculation was whether the Office of Cannabis Management (OCM) and Cannabis Control Board (CCB) would revise the True Party of Interest (TPI) definition with respect to ancillary service providers and the monetary limits

THE Cannabis Control Board Meeting Summary!

Well, the big Cannabis Control Board (CCB) meeting happened on May 11, 2023, and it was as action packed as advertised. There were rules and regulations, Conditional Adult-Use Retail Dispensary (CAURD) licenses issued, and heated exchanges between the regulators. Here are the key takeaways: The revised adult use rules were released As expected, the Office