There shall be a petition, which shall comply with the requirements for a complaint in an action, and an answer where there is an adverse party. There shall be a reply to a counterclaim denominated as such and there may be a reply to new matter in the answer in any case. The court may permit such other pleadings as are authorized in an action upon such terms as it may specify. Where there is no adverse party the petition shall state the result of any prior application for similar relief and shall specify the new facts, if any, that were not previously shown.
§ 402.Pleadings
Article 4. Special Proceedings · Last amended 1965 · Last verified July 21, 2026
In one sentenceCPLR 402 sets the pleadings for a special proceeding — a petition that meets the standards for a complaint, an answer when there's a respondent, a reply to any counterclaim, and, when no one opposes the petition, a disclosure of any earlier bid for the same relief.
Full Text of CPLR 402
Plain-English Summary
CPLR 402 builds the special proceeding's pleadings out of familiar parts. The petition has to meet the same requirements as a complaint in an action, and where there's an adverse party, an answer follows it. If the answer raises a counterclaim, the petitioner must reply to it; a reply to other new matter in the answer is available but not required. The court can permit further pleadings beyond this basic set, on whatever terms it thinks fit.
The rule also covers proceedings with no adverse party — cases where the petitioner asks the court for something without anyone standing on the other side to answer. In that setting, the petition has to state the result of any prior application for similar relief and spell out any new facts that weren't shown before. That requirement keeps a petitioner from quietly refiling a request a court already turned down, or from omitting facts a judge would want on the table before granting relief with no one there to push back.
Read alongside CPLR 401's freeze on adding parties, CPLR 402 shows how a special proceeding's paper record stays lean: petition, answer, and reply cover nearly every case, with the court's discretion as the only door to anything more.
Frequently Asked Questions
What has to be in a petition for a special proceeding in New York?
It has to meet the same requirements CPLR imposes on a complaint in an action. Where there's no adverse party, it also has to state the result of any earlier application for similar relief and disclose any new facts not shown before.
Do I need to file an answer if I'm the respondent in a special proceeding?
Yes, where there's an adverse party. CPLR 402 requires an answer whenever a respondent is in the case.
What if there's no one opposing my petition?
The petition itself has to do extra work. It must state the outcome of any prior application for similar relief and specify any new facts that weren't previously shown, since there's no respondent to test the request.
Can I file additional pleadings beyond a petition and answer?
Only if the court permits it. CPLR 402 allows other pleadings authorized in an action, but only on terms the court specifies.
Do I have to reply to a counterclaim in a special proceeding?
Yes. CPLR 402 requires a reply to any counterclaim in the answer. A reply to other new matter is optional.
Advisory Committee Notes
Under this section, article 30 governs pleadings in a special proceeding as well as in an action. The provisions as to a complaint will apply to a petition. Under former law, pleading provisions were not generally applicable to special proceedings, although pleadings analogous to those in an action were frequently prescribed in particularly special proceedings.
Failure of parties to comply with minimum pleading requirements has made formulation of issues difficult and caused unnecessary problems in some cases. See, e. g., Matter of Meyer, 7 AD2d 60, 180 NYS2d 918 (1st Dept 1958). Although a statute could vary the nature of pleadings in a particular special proceeding or abolish them altogether, the general requirements for pleadings in a special proceeding are similar to those for an action, since both fulfill the purpose of framing issues and of notifying the opponent of the nature of claims and defenses.
To insure that the summary nature of special proceedings is not interfered with by the joinder of claims and the interposition of counterclaims or cross-claims, the court is given broad severance powers. See new CPLR § 407.
New CPLR § 3011 allows a reply only upon court order, except where a counterclaim is involved. The second sentence in this section follows CPA § 1292 governing proceedings against a body or officer, which allows a reply at the petitioner’s option. It differs from § 1292 in requiring a reply to a counterclaim, because article 4 permits counterclaims in special proceedings, while article 78 prohibits a counterclaim. See CPA § 1291.
The third sentence requires permission of the court for any pleading after an answer or reply. The theory of special proceedings is that they shall proceed as expeditiously as possible with control by the court at a very early stage.
Impleader and cross-claims therefore should be controlled by the court to prevent any unnecessary delay and confusion.
The last sentence of the section is based upon a similar provision as to ex parte motions in new CPLR rule 2217(b). See RCP 61. An ex parte application under former law was sometimes designated as special proceeding by statute, but the general definition of a special proceeding in the former law did not include them, as does new CPLR article 1. There would, of course, be no responsive pleading where there was no adverse party.
Amendment History
Add, L 1962, ch 308; amd, L 1965, ch 773, § 1, eff Sept 1, 1965.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: special proceeding petition requirements NYanswer to petition New Yorkreply to counterclaim special proceedingpleadings in special proceeding NYCPLR 402 pleadings