N.Y. Civil Practice Law & Rules § 3402: Note of issue

Rule 3402. Note of issue. (a) Placing case on calendar. At any time

after issue is first joined, or at least forty days after service of a

summons has been completed irrespective of joinder of issue, any party

may place a case upon the calendar by filing, within ten days after

service, with proof of such service two copies of a note of issue with

the clerk and such other data as may be required by the applicable rules

of the court in which the note is filed. The clerk shall enter the case

upon the calendar as of the date of the filing of the note of issue.

(b) New parties. A party who brings in a new party shall within five

days thereafter serve him with the note of issue and file a statement

with the clerk advising him of the bringing in of such new party and of

any change in the title of the action, with proof of service of the note

of issue upon the new party, and of such statement upon all parties who

have appeared in the action. The case shall retain its place upon the

calendar unless the court otherwise directs.