Opinion
August 1, 1988
Appeal from the Supreme Court, Suffolk County (Underwood, J.).
Ordered that the order is affirmed, with costs.
The defendant demonstrated that the claims the plaintiff seeks to present at trial relating to injuries, medical expenses and economic loss after September 30, 1980, are identical to those issues necessarily decided by the Health Service Arbitration Forum and subsequently affirmed on appeal (see, Matter of Sansiviero v Royal Globe Ins. Co., 109 A.D.2d 840, lv denied 66 N.Y.2d 606). We find unpersuasive the plaintiff's contention that she was not accorded due process of law and a full or fair opportunity to establish the precluded claims in the prior arbitration proceedings under the rules of the New York State Department of Insurance (see, Clemens v Apple, 65 N.Y.2d 746, 748-749; 11 NYCRR 65.16). Under the circumstances, collateral estoppel effect was properly accorded the determination of the arbitration forum. Thompson, J.P., Bracken, Eiber and Spatt, JJ., concur.