In NY, which statement is true about special proceedings?

• A. They Require Filing A Petition Only.
• B. They Do Not Require Service On Respondents.
• C. They Do Not Apply To A Petition To Review Agency Decisions.
• D. The Court May Convert An Action To A Special Proceeding Or A Special Proceeding To An Action.

Answer: (D)

In New York, the court has flexibility to choose the procedural path that fits the relief sought by the case. A matter can be converted from a plenary action to a special proceeding, or from a special proceeding to an action, on appropriate motion or even on its own initiative. This helps ensure the right tool is used for the relief requested and the timeline involved.

This is why the statement about conversion is the correct one: the court’s power to switch between forms reflects that flexibility. The other statements miss key aspects of how special proceedings operate. They typically require filing a petition and serving respondents with notice, so saying that service isn’t required is incorrect; petitions to review agency decisions are handled through special proceedings (not excluded), so saying they don’t apply to that scenario is false; and while a petition starts a special proceeding, it isn’t merely “filing a petition” without regard to service and procedure, so claiming it’s the petition alone is incomplete.