June 25, 1992
Appeal from the Supreme Court, Sullivan County (Williams, J.).
We affirm Supreme Court's dismissal of plaintiffs' complaint against defendant County of Sullivan for failure to allege compliance with the County's prior notice law (Local Laws, 1982, No. 9 of County of Sullivan). Plaintiffs contend that the County was on constructive notice of the need for sand and salt by virtue of the existing weather conditions and that it had also received actual notice of the icy condition of the roadway. Clearly, however, insofar as plaintiffs did not establish that prior written notice of a highway defect involving snow or ice was given as required by Local Laws, 1982, No. 9 of the County of Sullivan, the failure to plead compliance with that law was fatal (see, Conroy v. County of Cattaraugus, 176 A.D.2d 1228). "Actual or constructive notice cannot substitute for written notice where, as here, the condition of the highway involves snow or ice" (Piscione v. County of Oneida, 159 A.D.2d 982 ). In addition, the failure to sand the roadway is insufficient to establish the type of affirmative negligence required to excuse noncompliance with the notice requirement (see, Camera v. Barrett, 144 A.D.2d 515, lv dismissed 74 N.Y.2d 650).
Mikoll, J.P., Levine, Mercure, Crew III and Harvey, JJ., concur. Ordered that the order is affirmed, without costs.