N.Y. Civil Practice Law & Rules § 304: Method of commencing action or special proceeding

§ 304. Method of commencing action or special proceeding. (a) An

action is commenced by filing a summons and complaint or summons with

notice in accordance with rule twenty-one hundred two of this chapter. A

special proceeding is commenced by filing a petition in accordance with

rule twenty-one hundred two of this chapter. Where a court finds that

circumstances prevent immediate filing, the signing of an order

requiring the subsequent filing at a specific time and date not later

than five days thereafter shall commence the action.

(b) Notwithstanding any other provision of law, such filing may be

accomplished by facsimile transmission or electronic means, as defined

in subdivision (f) of rule twenty-one hundred three of this chapter,

where and in the manner authorized by the chief administrator of the

courts by rule.

(c) For purposes of this section, and for purposes of section two

hundred three of this chapter and section three hundred six-a of this

article, filing shall mean the delivery of the summons with notice,

summons and complaint or petition to the clerk of the court in the

county in which the action or special proceeding is brought or any other

person designated by the clerk of the court for that purpose. At the

time of filing, the filed papers shall be date stamped by the clerk of

the court who shall file them and maintain a record of the date of the

filing and who shall return forthwith a date stamped copy, together with

an index number, to the filing party, except where filing is by

electronic means. Such filing shall not be accepted unless any fee

required as specified in section eight thousand eighteen of this chapter

has been paid. Where filing is by electronic means, any fee required

shall be paid in the time and manner authorized by the chief

administrator of the court by rule.

(d) Where filing is by facsimile transmission, the clerk of the court

need only return a date stamped copy of the first page of the papers

initiating the lawsuit, together with the index number.

(e) Where filing is by electronic means, the clerk shall, in

accordance with rules promulgated by the chief administrator, forthwith

notify the filing party of the index number and the date and time of

filing.

(f) A confirmation record produced by the filing party's facsimile

machine or computer and an affidavit of filing by the filing party,

shall be prima facie evidence that the filing party transmitted

documents consistent with the date, time and place appearing on the

confirmation record.