HERNANDEZ v. GATEWAY DEMOLITION CORP

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in granting that branch of the defendants' motion which was to dismiss the class action allegations of the complaint and denying the plaintiffs' cross motion to certify the action as a class action since the plaintiffs moved one year and three months after the time within which to move to certify a class had expired ( see, CPLR 902; see generally, O'Hara v. Del Bello, 47 N.Y.2d 363).