
    Erick Figueroa, Respondent, v Samba Gueye, Doing Business as Tres Elegante, Defendant, and Dane D. Huggins, Appellant.
    [885 NYS2d 642]
   In an action to recover damages for personal injuries, the defendant Dane D. Huggins appeals from a judgment of the Supreme Court, Kings County (Vaughan, J.), dated March 6, 2008.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

In an order dated September 9, 2009, the Supreme Court vacated the judgment appealed from. Accordingly, the appeal has been rendered academic. Fisher, J.P., Santucci, Balkin and Belen, JJ., concur.  