In Powell v. City of New York, 32 A.D.3d 227, 2006 NY Slip Op 6133 [1st Dept. 2006] the First Department reversed the Supreme Court, Bronx County, which granted the petitioner's motion for leave to file a late NOC asserting a malicious prosecution claim. In holding that granting leave constituted an improvident exercise of discretion, the First Department noted that "the extent to which respondents may have acquired actual notice of the essential facts of the claim within 90 days is questionable," while finding that the City's claims of prejudice were supported by petitioner's "unreasonable delay in providing notice of the malicious prosecution claim." Further, the First Department found that the asserted prejudice was "exacerbated both by the vague and conclusory nature of petitioner's proposed notice of claim and by respondents' lack of access to relevant but sealed criminal court records."