§ 301. Statute of limitations

(a) For the purpose of computing the period of limitation under
article two of the civil practice law and rules, a proceeding is
commenced upon the filing of a petition, provided process is issued and
service made upon any respondent within one hundred twenty days after
the date of the filing of the petition, except that when process is
served by publication, the first publication be made within one hundred
twenty days of the filing of the petition.

(b) If a proceeding is dismissed for failure to effect proper service,
the petitioner may commence a new proceeding, despite the expiration of
the statute of limitations after the commencement of the original
proceeding, based upon the same instrument, transaction or occurrence or
transactions or occurrences within one hundred twenty days of such
dismissal provided that service is effected within such one hundred
twenty day period.