§ 400. Method of commencing action or special proceeding.

1. An action is commenced in this court by filing a summons and
complaint. A special proceeding is commenced by filing a notice of
petition and petition or order to show cause and petition. For purposes
of this section, and for purposes of section two hundred three of the
civil practice law and rules, filing shall mean the delivery of the
summons and complaint, the notice of petition and petition or order to
show cause and petition to the clerk of the court in which the action or
special proceeding is brought together with any fee required by section
nineteen hundred eleven of this act. At the time of filing, the original
and a copy of the papers shall be date stamped by the court clerk who
shall file the original and maintain a record of the filing and shall
return the copy to the party who brought the filing. The clerk shall
accept the fee and file the papers as soon as reasonably practicable.

2. Jurisdiction is acquired over a party to an action or special
proceeding by service upon such party of a copy of the summons and
complaint or the notice of petition and petition or the order to show
cause and petition.

3. The actual index number shall be on the summons, notice of petition
or order to show cause as served. Failure to include the index number on
the papers as served shall be cured by stipulation between the parties
or by leave of court, which shall not be unreasonably withheld.