Section 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.