N.Y. Comp. Codes R. & Regs. tit. 22, § 131.3
(b) Upon receipt of an application, the presiding trial judge shall conduct such review as may be appropriate, including:
(3) review of all statements or affidavits presented to the presiding trial judge concerning the proposed coverage.
Where the proceedings of which coverage is sought involve a child, a victim, or a party, any of whom object to such coverage, and in any other appropriate instance, the presiding trial judge may hold such conferences and conduct any direct inquiry as may be fitting.
(d) In determining an application for coverage, the presiding trial judge shall consider all relevant factors, including but not limited to:
(8) the extent to which the coverage would be barred by law in the judicial proceeding of which coverage is sought.
The presiding trial judge also shall consider and give great weight to the fact that any party, victim, or other participant in the proceeding is a child.
(f) Before denying an application for coverage, the presiding trial judge shall consider whether such coverage properly could be approved with the imposition of special limitations, including but not limited to: