Section 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.