(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.