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.