N.Y. Civil Practice Law & Rules § 103: Form of civil judicial proceedings

§ 103. Form of civil judicial proceedings. (a) One form of action.

There is only one form of civil action. The distinctions between actions

at law and suits in equity, and the forms of those actions and suits,

have been abolished.

(b) Action or special proceeding. All civil judicial proceedings shall

be prosecuted in the form of an action, except where prosecution in the

form of a special proceeding is authorized. Except where otherwise

prescribed by law, procedure in special proceedings shall be the same as

in actions, and the provisions of the civil practice law and rules

applicable to actions shall be applicable to special proceedings.

(c) Improper form. If a court has obtained jurisdiction over the

parties, a civil judicial proceeding shall not be dismissed solely

because it is not brought in the proper form, but the court shall make

whatever order is required for its proper prosecution. If the court

finds it appropriate in the interests of justice, it may convert a

motion into a special proceeding, or vice-versa, upon such terms as may

be just, including the payment of fees and costs.