A state Supreme Court judge has denied a motion to dismiss a lawsuit against the state for increasing the number of medical marijuana licenses from the original five.

Justice W. Brooks DeBow, who is presiding over the case in Albany County Supreme Court, issued an order Monday denying the recently awarded medical marijuana companies’ motion to dismiss the lawsuit, New York Medical Cannabis Industry Association v. New York State Department of Health, 2848-17.1. The suit was filed by the original five medical marijuana licensees against the state.