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.