§ 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 the county 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, 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.