§ 304.Method of commencing action or special proceeding.

New York runs on a commencement-by-filing system rather than a commencement-by-service system. Section 304 spells out what that filing looks like: an action starts when the summons and complaint, or the summons with notice, is filed under CPLR rule 2102, and a special proceeding starts when the petition is filed the same way. If circumstances block immediate filing, a court can sign an order requiring the papers to be filed within five days, and that signing itself commences the action.

The remaining subdivisions cover how filing happens in practice: by fax or electronic means where the chief administrator of the courts has authorized it, with the clerk date-stamping the papers, keeping a record of the filing date, assigning an index number, and returning a stamped copy to the filer once the required fee is paid. When filing is by fax, the clerk returns a stamped copy of just the first page along with the index number; electronic filers get prompt notice of the index number and the filing date and time. A confirmation record from a fax machine or computer, paired with an affidavit of filing, counts as strong evidence of when and how the papers went in.

The filing date matters well beyond bookkeeping. It's the date that stops the statute of limitations clock under CPLR 203, and it starts the 120-day period CPLR 306-b gives a plaintiff to complete service. Getting the papers filed on time protects the claim even before anyone has been served.