N.Y. C.P.L.R. 3402

Rule 3402. Note of issue. (a) Placing case on calendar. At any time\nafter issue is first joined, or at least forty days after service of a\nsummons has been completed irrespective of joinder of issue, any party\nmay place a case upon the calendar by filing, within ten days after\nservice, with proof of such service two copies of a note of issue with\nthe clerk and such other data as may be required by the applicable rules\nof the court in which the note is filed. The clerk shall enter the case\nupon the calendar as of the date of the filing of the note of issue.\n (b) New parties. A party who brings in a new party shall within five\ndays thereafter serve him with the note of issue and file a statement\nwith the clerk advising him of the bringing in of such new party and of\nany change in the title of the action, with proof of service of the note\nof issue upon the new party, and of such statement upon all parties who\nhave appeared in the action. The case shall retain its place upon the\ncalendar unless the court otherwise directs.\n