Opinion
October 9, 1990
Appeal from the Supreme Court, Queens County (Leviss, J.).
Ordered that the order is affirmed, with costs.
The record reveals that medical issues are raised in this case which warrant referral to a medical malpractice panel (see, Bleich v. Bono, 91 A.D.2d 911; Rosa v. Kulkarni, 89 A.D.2d 529; Matter of Colton v. Riccobono, 67 N.Y.2d 571). Since the plaintiff is entitled to a trial preference based on the medical malpractice issues raised in the action, she is not automatically entitled to another preference based on her age (see, Green v Vogel, 144 A.D.2d 66; CPLR 3403 [a]). Whether exceptional circumstances exist which require measures to facilitate a prompt trial such as an expedited hearing before a medical malpractice panel, is a matter left to the discretion of the trial court. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.