Fwd: FOIL #2022-090560 Appeal

Gunnar Larson g at xny.io
Sat Nov 11 07:23:41 PST 2023


---------- Forwarded message ---------
From: Gunnar Larson <g at xny.io>
Date: Fri, Nov 10, 2023, 4:52 PM
Subject: Re: FOIL #2022-090560 Appeal
To: Tomczak, Christine (DFS) <christine.tomczak at dfs.ny.gov>
Cc: Harris, Adrienne A (DFS) <Adrienne.Harris at dfs.ny.gov>, <
letitia.james at ag.ny.gov>, Reader, Shaun <sreader at curtis.com>, Dean, Peter C
(DFS) <Peter.Dean at dfs.ny.gov>


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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