§ 400 — Method of commencing action or special proceeding

§ 400. Method of commencing action or special proceeding. 1. An action\nis commenced in this court by filing a summons and complaint. A special\nproceeding is commenced by filing a notice of petition and petition or\norder to show cause and petition. For purposes of this section, and for\npurposes of section two hundred three of the civil practice law and\nrules, filing shall mean the delivery of the summons and complaint, the\nnotice of petition and petition or order to show cause and petition to\nthe clerk of the court in the county in which the action or special\nproceeding is brought together with any fee required by section nineteen\nhundred eleven of this act. At the time of filing, the original and a\ncopy of the papers shall be date stamped by the court clerk who shall\nfile the original and maintain a record of the filing and shall return\nthe copy to the party who brought the filing. The clerk shall accept the\nfee and file the papers as soon as reasonably practicable.\n 2. Jurisdiction is acquired over a party to an action or special\nproceeding by service upon such party of a copy of the summons and\ncomplaint, the notice of petition and petition or the order to show\ncause and petition.\n 3. The actual index number shall be on the summons, notice of petition\nor order to show cause as served. Failure to include the index number on\nthe papers as served shall be cured by stipulation between the parties\nor by leave of court, which shall not be unreasonably withheld.\n