N.Y. CVP. LAW § 3402 : NY Code - Section 3402: Note of issue

(a) Placing case on calendar. At any time
  after issue is first joined, or at least forty days after service  of  a
  summons  has  been completed irrespective of joinder of issue, any party
  may place a case upon the calendar by  filing,  within  ten  days  after
  service,  with  proof of such service two copies of a note of issue with
  the clerk and such other data as may be required by the applicable rules
  of the court in which the note is filed. The clerk shall enter the  case
  upon the calendar as of the date of the filing of the note of issue.
    (b)  New  parties. A party who brings in a new party shall within five
  days thereafter serve him with the note of issue and  file  a  statement
  with  the clerk advising him of the bringing in of such new party and of
  any change in the title of the action, with proof of service of the note
  of issue upon the new party, and of such statement upon all parties  who
  have  appeared  in  the action. The case shall retain its place upon the
  calendar unless the court otherwise directs.