N.Y. CPLR § 304

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 304 Method of commencing action or special proceeding § 304. Method of commencing action or special proceeding. (a) Anaction is commenced by filing a summons and complaint or summons withnotice in accordance with rule twenty-one hundred two of this chapter. Aspecial proceeding is commenced by filing a petition in accordance withrule twenty-one hundred two of this chapter. Where a court finds thatcircumstances prevent immediate filing, the signing of an orderrequiring the subsequent filing at a specific time and date not laterthan five days thereafter shall commence the action.(b) Notwithstanding any other provision of law, such filing may beaccomplished by facsimile transmission or electronic means, as definedin subdivision (f) of rule twenty-one hundred three of this chapter,where and in the manner authorized by the chief administrator of thecourts by rule.(c) For purposes of this section, and for purposes of section twohundred three of this chapter and section three hundred six-a of thisarticle, filing shall mean the delivery of the summons with notice,summons and complaint or petition to the clerk of the court in thecounty in which the action or special proceeding is brought or any otherperson designated by the clerk of the court for that purpose. At thetime of filing, the filed papers shall be date stamped by the clerk ofthe court who shall file them and maintain a record of the date of thefiling and who shall return forthwith a date stamped copy, together withan index number, to the filing party, except where filing is byelectronic means. Such filing shall not be accepted unless any feerequired as specified in section eight thousand eighteen of this chapterhas been paid. Where filing is by electronic means, any fee requiredshall be paid in the time and epted unless any feerequired as specified in section eight thousand eighteen of this chapterhas been paid. Where filing is by electronic means, any fee requiredshall be paid in the time and manner authorized by the chiefadministrator of the court by rule.(d) Where filing is by facsimile transmission, the clerk of the courtneed only return a date stamped copy of the first page of the papersinitiating the lawsuit, together with the index number.(e) Where filing is by electronic means, the clerk shall, inaccordance with rules promulgated by the chief administrator, forthwithnotify the filing party of the index number and the date and time offiling.(f) A confirmation record produced by the filing party's facsimilemachine or computer and an affidavit of filing by the filing party,shall be prima facie evidence that the filing party transmitteddocuments consistent with the date, time and place appearing on theconfirmation record.