Respondents-intervenors Esquire Group Estates, LCC, Chase Group Alliance, LLC, and Vintage Ventures, LLC, appeal from that portion of an order of the Civil Court of the City of New York, New York County (David B. Cohen, J.), entered February 6, 2009, which denied their motion to remove the RPAPL article 7-A administrator.

Per Curiam.

Order (David B. Cohen, J.), entered February 6, 2009, affirmed, with $10 costs.

We find no cause to disturb Civil Court's discretionary denial of appellants' motion to remove the recently appointed RPAPL article 7-A administrator. "While [appellants] profess[] an interest and ability to remedy the [numerous] dangerous conditions [previously found to exist], more than good intentions must be shown before a[n] [RPAPL article 7-A] administrator is relieved" (940 St. Nicholas Ave. Tenants Assn. v Dixon, NYLJ, May 20, 1985, at 13, col 5 [App Term, lst Dept]). Rather, "[t]o discharge the administrator, there should be at least a prima facie showing that the reasons for the appointment no longer exist. In other words, the movant[s] would have to demonstrate to the trial court that repairs have been made or essential services provided and th[a]t there is a plan for the continued maintenance of the building" (id., quoting Swallow v Schnipper, NYLJ, September 21, 1984, at 14, col 4 [App Term, 2nd & 11th Jud Dists]; see Dept. of Hous. Preserv. & Dev. v 333 W. 16th St. Assoc., NYLJ, June 7, 1989, at 21, col 1 [App Term, lst Dept]). Appellants have failed, on this record, to demonstrate that the [*2]conditions in the buildings have been removed or remedied (see 940 St. Nicholas Ave. Tenants Assn., supra), and we decline to disturb Civil Court's discretion-laden determination that the administrator should not be removed (see Dept. of Hous. Preserv. & Dev. v 333 W. 16th St. Assoc., supra).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 25, 2009