2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 3 - (301 - R328) JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT
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.