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 Bricken 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.

build-out requirements

New York’s Retail Dispensary Build-Out Requirements

Without much fanfare, the Dormitory Authority – State of New York (or DASNY) issued a request for proposal (RFP) for design-build services for conditional adult-use retail dispensaries (CAURDs). DASNY included a concept program (see Addendum 3) that details the build-out requirements for retail dispensaries selected as part of the CAURD social equity program. The Cannabis

new york conditional use processor license

New York’s Conditional Adult Use Processor License

On the morning of the Cannabis Control Board’s (CCB) June 23, 2022 meeting, the Office of Cannabis Management (OCM) uploaded the meeting agenda, which included this important tidbit: a resolution approving a conditional adult-use processor license and opening an application window for said license. This is obviously big news, in that it provides the link

new york cannabis community board

New York City Cannabis and Community Boards

New York City community boards will soon become a hot topic as New York begins accepting adult-use retail dispensary and on-site consumption license applications. If you have done any reading on New York’s Marijuana Regulation and Taxation Act (MRTA) (such as here or here), you’ll have seen references to community boards. But with community boards

new york cannabis social equity fund

New York Recruiting Social Equity Fund Manager

New York is beginning its search for a fund manager for New York’s $200m social equity cannabis fund. In January of 2022, Governor Kathy Hochul announced that New York is proceeding with the $200m fund (as contemplated in the Marijuana Regulation and Taxation Act (MRTA)), with $50m of funds committed by the State and a

new york cannabis licensing

New York Issues First Adult-Use Cannabis Cultivation Licenses

Yesterday, April 14, 2022 marked a historic event for New York’s adult-use cannabis industry: during the eighth Cannabis Control Board (CCB) meeting, the CCB issued the first adult-use cannabis licenses. The licenses: 52 conditional adult-use cultivation licenses based on the conditional license type rolled out by the CCB and Office of Cannabis Management (OCM) earlier

new york cannabis tax

New York’s New Cannabis Tax Deductions

New York snuck a pretty significant tax break for cannabis businesses into its 2022 budget. The Revenue Bill included a state tax deduction for cannabis related business expenses that are currently disallowed by § 280E of the federal tax code. We have seen this strategy in other “canna friendly” states and it’s a welcome development.

new york cannabis real estate

New York Cannabis Real Estate Refresher

Real estate is on the forefront of many people’s minds with New York on the doorstep of adult-use cannabis applications. And for good reason: owning or controlling real estate will be a requirement for applicants (with some soon-to-be caveats for social equity applicants). We have fielded lots of calls from prospective adult-use cannabis applicants starting

new york cannabis social equity

Funding New York’s Cannabis Social Equity Fund

With little fanfare or advance notice, the Dormitory Authority of the State of New York (“DASNY”) released a request for information (“RFI”) last month to determine interest and solicit information from qualified parties for an investment fund to finance “the establishment and development of adult-use retail cannabis dispensaries (“RCDs”)” for social and economic equity applicants.