---------- Forwarded message --------- From: Gunnar Larson <g@xny.io> Date: Fri, Nov 10, 2023, 4:52 PM Subject: Re: FOIL #2022-090560 Appeal To: Tomczak, Christine (DFS) <christine.tomczak@dfs.ny.gov> Cc: Harris, Adrienne A (DFS) <Adrienne.Harris@dfs.ny.gov>, < letitia.james@ag.ny.gov>, Reader, Shaun <sreader@curtis.com>, Dean, Peter C (DFS) <Peter.Dean@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@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@xny.io> *Sent:* Monday, October 16, 2023 9:35 AM *To:* Tomczak, Christine (DFS) <christine.tomczak@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@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