Manhattan District Attorney Cyrus R. Vance, Jr., today announced the guilty plea of JAMES DELAYO, a former Acting Chief Inspector for Cranes and Derricks for the New York City Department of Buildings, who took cash payments in exchange for falsifying paperwork relating to crane inspections and certifying crane operator exams. DELAYO pleaded guilty to Bribe Receiving in the Second Degree, a class C felony for which DELAYO is recommended to receive a sentence of 2 to 6 years in prison. The cases of DELAYO’s two co-defendants, NU-WAY CRANE de-facto owner MICHAEL SACKARIS and NU-WAY employee MICHAEL PASCALLI are pending. Charges are also pending against the crane company.

“The defendant’s willful disregard for the safety of this equipment and the skill of crane operators endangered the lives of Manhattan’s residents, visitors and construction workers,” said District Attorney Vance. “This is another case where responsibility and safety were trumped by greed. These crimes threaten the industry that built our great city, and this fraud hurts the honest business owners and employees who every day put safety above profit.”

DELAYO was appointed Acting Chief Inspector for Cranes and Derricks in 2008 and was responsible for crane operator examinations, both written and practical, the supervision of other crane inspectors and annual crane inspections. From December 19, 2000 to January 17, 2008, DELAYO received cash payments from MICHAEL SACKARIS, according to the plea agreement. The bribes were for the completion and filing of false paperwork with the DOB indicating that NU-WAY cranes had passed inspections when, in fact, the cranes had not been inspected at all or DELAYO had performed only perfunctory inspections. Approximately six times, DELAYO accepted cash payments from SACKARIS to certify falsely that NU-WAY employees seeking crane operator licenses had passed their practical examinations. The bribes totaled more than $10,000.

On one occasion, DELAYO completed and filed documents attesting to defendant MICHAEL PASCALLI’s satisfactory performance on a practical exam when DELAYO never administered such an exam to PASCALLI. DELAYO received approximately $3,000 on at least two occasions to provide SACKARIS and NU-WAY with advance copies of a written crane licensing exam administered by the DOB. DELAYO’S false paperwork was filed at the offices of the Department of Buildings, located at 280 Broadway in Manhattan.

District Attorney Vance thanked New York City Department of Investigation Commissioner Rose Gill Hearn, Assistant Commissioner John Kantor, Inspector General Michael Carroll and Assistant Inspector General Edward Zinser.

District Attorney Vance also thanked Assistant District Attorneys Deborah Hickey, Carey Ng and Sean Sullivan, who are assigned to the District Attorney’s Rackets Bureau, who worked on this case under the supervision of Assistant District Attorney Eric Seidel, Chief of the Rackets Bureau.

Defendant information:

JAMES DELAYO, 06/03/48
1088 Lydig Avenue,
Bronx, New York


Bribe Receiving in the Second Degree, a class C felony, one count.