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 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.