DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant sustained its initial burden of demonstrating its entitlement to judgment as a matter of law by submitting evidence establishing that it never received prior written notice of the defect in the walkway that allegedly caused the injured plaintiff's fall ( see Town Law § 65-a). An exception to the prior written notice requirement applies where a municipality creates the subject defect or hazard through an affirmative act of negligence ( see Amabile v. City of Buffalo, 93 N.Y.2d 471; Kiernan v. Thompson, 73 N.Y.2d 840). Here, however, the evidentiary proof that the plaintiffs submitted in opposition to summary judgment was insufficient to raise an issue of fact as to whether the municipality created the defective condition in the park walkway through an affirmative act of negligence ( see Mollin v. County of Nassau, 2 A.D.3d 600; Walker v. Incorporated Vil. of Northport, 304 A.D.2d 823; Polak v. Gomes, 279 A.D.2d 513).
The defendant's remaining contentions are without merit.
PRUDENTI, P.J., KRAUSMAN, TOWNES and SPOLZINO, JJ., concur.