Order unanimously affirmed without costs. Memorandum: Initially, we note that plaintiff's notice of appeal is premature because it was filed prior to the issuance and entry of the order from which the appeal is taken (see, Matter of Wayne M. v Francis N., 154 A.D.2d 837, 839; Matter of Abbott v Conway, 148 A.D.2d 909, 910, lv denied 74 N.Y.2d 608). Nonetheless, in the exercise of our discretion and in the interest of judicial economy, we address the merits of the appeal (see, CPLR 5520 [c]) and affirm for reasons stated in the decision of Supreme Court, Onondaga County (Reagan, J.).
Furthermore, plaintiff's cause of action for malicious prosecution against the County of Onondaga was properly dismissed because he served his notice of claim before that cause of action accrued. Plaintiff thereafter failed to serve a notice of claim within 90 days subsequent to the accrual of that cause of action (see, Vitale v Hagan, 71 N.Y.2d 955, rearg denied 72 N.Y.2d 910).