FOIL #2022-090560 Appeal

Gunnar Larson g at xny.io
Sat Nov 18 16:01:52 PST 2023


Ms. Tomczak:

Kindly follow-up with you on this matter.

Thank you,

Gunnar


On Fri, Nov 10, 2023, 4:52 PM Gunnar Larson <g at xny.io> wrote:

> Ms. Tomczak:
>
> Hope you are well. Can you please update xNY.io - Bank.org on our Apple
> Card records request?
>
> Ms. Tomczak, this matter has been going on over 600 days. It involves a
> D&O condition of the past Superintendent. We have a similar problem
> concerning another D&O matter that Ms. James and Ms. Harris are aware of.
>
> Mitigating all risk, we do not want the Apple Card scenario to further
> complicate excess D&O matters at xNY.io - Bank.org. As I understand it, the
> Eastern District of New York has a deferred agreement with Apple Card that
> NY-DFS' character and fitness guidelines require xNY.io - Bank.org to
> respect.
>
> We are not exactly sure on the deferred agreement's expiration date, it
> may have been within the last two weeks. If the date has expired, xNY.io -
> Bank.org would need NY- DFS to further facilitate a copy of correspondence
> with the Eastern District of New York, given the nature of federal and
> international law expressed by the deferred agreement (fun fact, I was a
> founding producer of the UN's Audio Visual Library of International Law).
>
> Does NY-DFS have an update on the Apple Card concern? If not, can you
> please provide xNY.io - Bank.org confirmation that NY-DFS has communicated
> with the Eastern District of New York and that we are not party to the
> deferred agreement's scope of influence by EOD, Monday November 13, 2023?
>
> Have a great weekend and Happy Veterans Day.
>
> Thank you,
>
> Gunnar
>
> Gunnar Larson
> xNY.io - Bank.org
> 917-580-8053
>
>
>
>
> On Mon, Oct 16, 2023, 12:06 PM Tomczak, Christine (DFS) <
> christine.tomczak at dfs.ny.gov> wrote:
>
>> Hello Mr. Larson,
>>
>>
>>
>> I will check into this.  Sorry for the delay.
>>
>>
>>
>> Christine
>>
>>
>>
>> Christine M. Tomczak
>>
>> Assistant Counsel
>>
>>
>>
>> New York State Department of Financial Services
>>
>> 1 State Street, New York, New York   10004
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> *From:* Gunnar Larson <g at xny.io>
>> *Sent:* Monday, October 16, 2023 9:35 AM
>> *To:* Tomczak, Christine (DFS) <christine.tomczak at dfs.ny.gov>
>> *Subject:* Re: FOIL #2022-090560 Appeal
>>
>>
>>
>> *ATTENTION: This email came from an external source. Do not open
>> attachments or click on links from unknown senders or unexpected emails.*
>>
>>
>>
>> Dear Ms. Tomczak:
>>
>>
>>
>> Hope this email finds you well.
>>
>>
>>
>> Concerning the Apple Card records mentioned in your letter dated July 25,
>> 2023, today xNY.io - Bank.org kindly seeks an update on this
>> important matter.
>>
>>
>>
>> Please let us know when the time is convenient for you.
>>
>>
>>
>> Sending you the best wishes.
>>
>>
>>
>> Thank you very much,
>>
>>
>>
>> Gunnar
>>
>>
>>
>> Gunnar Larson
>>
>> xNY.io - Bank.org
>>
>> 917-580-8053
>>
>>
>>
>> ue, Jul 25, 2023, 2:54 PM Tomczak, Christine (DFS) <
>> christine.tomczak at dfs.ny.gov> wrote:
>>
>> Dear Mr. Larson,
>>
>>
>>
>> See attached letter.
>>
>>
>>
>> Best regards,
>>
>>
>>
>> Christine Tomczak
>>
>>
>>
>>
>>
>> Christine M. Tomczak
>>
>> Assistant Counsel
>>
>>
>>
>> New York State Department of Financial Services
>>
>> 1 State Street, New York, New York   10004
>>
>>
>>
>>
>>
>>
>>
>>
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