Ordered that the appeal from the order dated April 14, 2003, is dismissed, as that order was superseded by the order dated July 17, 2003, made upon reargument; and it is further,
Ordered that the order dated July 17, 2003, is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the defendant.
In opposition to the defendant's prima facie showing of entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact that the defendant was negligent, inter alia, in the design, construction, or maintenance of the subject road or that any such negligence was a proximate cause of the injuries resulting from the accident ( see Atkinson v. County of Oneida, 59 NY2d 840; Perry v. Kazolias, 302 AD2d 575; Gilberto v. Town of Plattekill, 279 AD2d 863; Boucher v. Town of Candor, 234 AD2d 669). Accordingly, upon reargument, the Supreme Court properly adhered to its original determination granting the defendant's motion for summary judgment dismissing the complaint.