show cause being the other [see CPLR 403 (d)]) for providing notice of the commencement of the proceeding (the functional equivalent of a CPLR 305 "summons" which provides notice of the commencement of an action). As explained by the Advisory Committee Notes following CPLR 403 (reprinted in NY CLS, Book 4B at 14 [2006 ed]),
"A notice of petition accomplishes the purposes of both a summons and a notice of motion. As in the case of a summons, the special proceeding is commenced and jurisdiction is acquired over the respondent by service of the notice of petition. As in the case of a notice of motion, a notice of petition must fix the return date and be accompanied by any supporting affidavits. There is no demand for relief in the notice of petition, however, because the demand is made in the petition—the equivalent of the complaint in an action—which is to be served with the notice."
Footnote 7:Respondent's second affirmative defense that the petition fails to state a cause of action because the predicate notice lacks the requisite specificity does not support the request for discovery; if the court were to dismiss the proceeding on this ground, it would be because the notice is defective on its face. No motion to dismiss has been made on this ground, nor would the court grant such a motion in this case.