2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 1 - (101 - 107) SHORT TITLE; APPLICABILITY AND DEFINITIONS
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.