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 district 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.