New York Laws
Article 245 - Discovery
245.70 - Protective Orders.

(b) Such review shall be sought within two business days of the
adverse or partially adverse ruling, by order to show cause filed with
the intermediate appellate court. The order to show cause shall in
addition be timely served on the lower court and on the opposing party,
and shall be accompanied by a sworn affirmation stating in good faith
(i) that the ruling affects substantial interests, and (ii) that
diligent efforts to reach an accommodation of the underlying discovery
dispute with opposing counsel failed or that no accommodation was
feasible; except that service on the opposing party, and a statement
regarding efforts to reach an accommodation, are unnecessary where the
opposing party was not made aware of the application for a protective
order and good cause is shown for omitting service of the order to show
cause on the opposing party. The lower court's order subject to review
shall be stayed until the appellate justice renders a determination.
(c) The assignment of the individual appellate justice, and the mode
of and procedure for the review, shall be determined by rules of the
individual appellate courts. The appellate justice may consider any
relevant and reliable information bearing on the issue, and may dispense
with written briefs other than supporting and opposing materials
previously submitted to the lower court. The appellate justice may
dispense with the issuance of a written opinion in rendering his or her
decision, and when practicable shall render decision and order
expeditiously. Such review, decision and order shall not affect the
right of a defendant, in a subsequent appeal from a judgment of
conviction, to claim as error the ruling reviewed.
7. Compliance with protective order. Any protective order issued under
this article is a mandate of the court for purposes of the offense of
criminal contempt in subdivision three of section 215.50 of the penal
law.