§ 190.90 Grand jury; appeal from order concerning grand jury reports.

1. When a court makes an order accepting a report of a grand jury
pursuant to paragraph (a) of subdivision one of section 190.85, any
public servant named therein may appeal the order; and when a court
makes an order sealing a report of a grand jury pursuant to subdivision
five of section 190.85, the district attorney or other attorney
designated by the grand jury may appeal the order.

2. When a court makes an order sealing a report of a grand jury
pursuant to subdivision five of section 190.85, the district attorney or
other attorney designated by the grand jury may, within ten days after
service of a copy of the order and report upon each public servant named
in the report, appeal the order to the appellate division of the
department in which the order was made, by filing in duplicate a notice
of appeal from the order with the clerk of the court in which the order
was made and by serving a copy of such notice of appeal upon each such
public servant. Notwithstanding any contrary provision of section
190.85, a true copy of the report of the grand jury shall be served,
together with such notice of appeal, upon each such public servant.

3. The mode of and time for perfecting an appeal pursuant to this
section, and the mode of and procedure for the argument thereof, are
determined by the rules of the appellate division of the department in
which the appeal is brought. Such rules shall prescribe the matters
referred to in subdivision one of section 460.70 and in section 460.80,
except that such appeal is a preferred cause and the appellate division
of each department shall promulgate rules to effectuate such preference.

4. The record and all other presentations on appeal shall remain
sealed, except that upon reversal of the order sealing the report or
dismissal of the appeal of the named public servant by the appellate
division, the report of the grand jury, with the appendix, if any, shall
be filed as a public record as provided in subdivision three of section
190.85.

5. The procedure provided for in this section shall be the exclusive
manner of reviewing an order made pursuant to section 190.85 and the
appellate division of the supreme court shall be the sole court having
jurisdiction of such an appeal. The order of the appellate division
finally determining such appeal shall not be subject to review in any
other court or proceeding.

6. The grand jury in an appeal pursuant to this section shall be
represented by the district attorney unless the report relates to him or
his office, in which event the grand jury may designate another
attorney.