§ 400 — Method of commencing action or special proceeding

§ 400. Method of commencing action or special proceeding.\n 1. An action is commenced in this court by filing a summons and\ncomplaint. A special proceeding is commenced by filing a notice of\npetition and petition or order to show cause and petition. For purposes\nof this section, and for purposes of section two hundred three of the\ncivil practice law and rules, filing shall mean the delivery of the\nsummons and complaint, the notice of petition and petition or order to\nshow cause and petition to the clerk of the court in the district in\nwhich the action or special proceeding is brought together with any fee\nrequired by section nineteen hundred eleven of this act. At the time of\nfiling, the original and a copy of the papers shall be date stamped by\nthe court clerk who shall file the original and maintain a record of the\nfiling and shall return the copy to the party who brought the filing.\nThe clerk shall accept the fee and file the papers as soon as reasonably\npracticable.\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