The court directs that a judgment be entered determining the parties' rights. ★ (A special proceeding ends in a real judgment, just like an action.)
★ Exam hits:
Parties are petitioner and respondent; no joinder/intervention after commencement except by leave of court (§ 401).
§ 403 deadlines: notice of petition 8 days before; answer 2 days before; reply at/before. The 12-day-service variant lets the notice demand the answer 7 days before, reply 1 day before. Serve the notice like a summons.
Disclosure needs leave of court (§ 408), except a § 3123 notice to admit (served 3 days before, response 1 day before).
The court decides by summary determination like summary judgment (§ 409(b)); only triable fact issues go to trial "forthwith" (§ 410).
Pre-hearing motions are all noticed for the hearing date (§ 406); the court can sever and convert to a plenary action (§ 407).
Verbatim statute: CPLR - Article 4
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
In print
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.