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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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THE PEOPLE OF THE STATE OF NEW YORK,
-against- INDICTMENT
ERIC ULRICH,
JOSEPH LIVRERI,
ANTHONY LIVRERI, and
MICHAEL MAZZIO
Defendants.
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THE GRAND JURY OF THE COUNTY OF NEW YORK, by this indictment
accuses the defendants Eric Ulrich, Joseph Livreri, Anthony Livreri, and Michael Mazzio, of
the crime of CONSPIRACY IN THE FOURTH DEGREE, in violation of Penal Law §
105.10(1), committed as follows:
The defendants Eric Ulrich, Joseph Livreri, Anthony Livreri, and Michael Mazzio in
New York County and elsewhere, from on or about January 5, 2021, to on or about November
1, 2022, with intent that conduct constituting the crimes of Bribery in the Second Degree, in
violation of Penal Law § 200.03, and Bribe Receiving in the Second Degree, in violation of
Penal Law § 200.11, said crimes being Class C felonies, be committed, knowingly and
intentionally agreed with others, known and unknown, to engage in and cause the performance
of such conduct that constitutes the above-mentioned class C felonies.
PREAMBLE
It was the purpose of this conspiracy for Eric Ulrich, a former New York City
Councilman for District 32 (February 2009 to December 2021), a former Senior Advisor to
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Mayor Eric Adams (January 2022 to April 2022), and the former NYC Department of
Buildings Commissioner (“DOB”) (May 2022 to November 2022), to use his authority and
influence in those positions for the benefit of Joseph Livreri, Anthony Livreri, and Michael
Mazzio, and entities owned or controlled by them, and others, known and unknown, in
exchange for United States currency and gifts, including a premium season ticket package to
the New York Mets.
It was also part of this conspiracy for Joseph Livreri, Anthony Livreri, Michael Mazzio,
and others, known and unknown, to give Eric Ulrich money, which he used, among other
things, to fund his gambling at public casinos as well as at a private, illegal gambling club
located at 89-02 101
st
Avenue, Ozone Park, New York, called the 89
th
Street Café, which is
owned and operated in part by Joseph Livreri.
It was also part of this conspiracy for Eric Ulrich to employ Joseph Livreri as a part-
time aide to Eric Ulrich when he was a councilman until the end of his term in 2021.
It was also part of this conspiracy for Eric Ulrich, while acting with the purported
authority of the Mayor’s Office, to secure and to attempt to secure New York City government
employment on behalf of co-conspirators and their family members by referring such
individuals for positions at New York City agencies, including positions for Joseph Livreri and
Michael Mazzio’s daughter.
It was also part of this conspiracy for Joseph Livreri to omit or falsify certain
information on New York City government employment documentation that would have
otherwise disqualified him from such employment, including his non-New York City
residency and his ties to the 89
th
Street Café.
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It was also part of this conspiracy for Joseph Livreri to act as an intermediary between
Eric Ulrich and other co-conspirators to insulate Eric Ulrich from the ongoing bribery scheme.
It was also part of this conspiracy for Eric Ulrich to provide and to agree to provide to
Joseph Livreri and Anthony Livreri and their businesses help with New York City agencies,
including an expedited inspection of health violations at Aldo’s Pizzeria.
It was also part of this conspiracy for Eric Ulrich, at the request of Joseph Livreri and
Anthony Livreri, to provide and agree to provide an expedited DOB inspection, which
resulted in DOB amending a vacate order for an entity doing business as Fortunato Brothers
Bakery (“Fortunato Brothers”) after the business was shut down due to a fire.
It was also part of this conspiracy for Eric Ulrich to provide Joseph Livreri, Anthony
Livreri, Michael Mazzio, and others known and unknown, access to Mayor Adams and other
high-ranking officials within New York City government and within the Eric Adams
administration by inviting them to exclusive events and dinners to demonstrate his ability to
deliver on promises made to co-conspirators.
It was also part of this conspiracy for Michael Mazzio and Joseph Livreri to use their
access to said high-ranking officials to attempt to obtain exclusive contracts for arterial towing
for Mike’s Heavy Duty Towing, a business operated and controlled by Michael Mazzio, and
to attempt to convince said officials to disqualify a competitor’s existing arterial towing
contract.
It was also part of this conspiracy for Eric Ulrich to agree to assist Michael Mazzio to
resolve existing issues relating to Mike’s Heavy Duty Towing’s tow truck company license
issued by the New York City Department of Consumer and Workers Protection (“DCWP”)
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It was also part of this conspiracy for Eric Ulrich to make recommendations for certain
positions within the administration that would be beneficial to Joseph Liveri, Anthony Livreri,
Michael Mazzio, and others, including the DCWP Commissioner.
It was also part of this conspiracy for Eric Ulrich, Joseph Livreri, Anthony Livreri, and
Michael Mazzio to communicate with each other and others using codes and cryptic language,
and an encrypted messaging application over telephones and cellphones.
Overt Acts
In furtherance of said conspiracy, and to achieve the object crimes thereof, the
following overt acts, among others, were committed:
1. On January 5, 2021, Joseph Livreri, through his company Mr. B Brothers Pizzeria
LLC, paid Eric Ulrich $300 via Zelle.
2. On February 1, 2021, Joseph Livreri paid Eric Ulrich $400 via Zelle.
3. On March 10, 2021, Joseph Livreri paid Eric Ulrich $300 via Zelle.
4. On May 24, 2021, Joseph Livreri paid Eric Ulrich $400 via Zelle.
5. On September 8, 2021, Joseph Livreri paid Eric Ulrich $400 via Zelle.
6. On October 19, 2021, Eric Ulrich met with Michael Mazzio at the Cross Bay Diner,
located at 160-31 Cross Bay Blvd., Howard Beach, New York (“the Cross Bay
Diner”).
7. On October 19, 2021, Eric Ulrich met with Anthony Livreri at Aldo’s Pizzeria
located at 137-01 Cross Bay Blvd, Ozone Park, New York (“Aldo’s Pizzeria”).
8. On October 22, 2021, Eric Ulrich met with Joseph Livreri at the Cross Bay Diner.
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9. On October 22, 2021, Eric Ulrich deposited $700 at a JPMorgan Chase bank
branch located at 156-33 Cross Bay Blvd., Howard Beach, New York.
10. On December 27, 2021, Eric Ulrich met with Anthony Livreri, Joseph Livreri,
Michael Mazzio, another person known to the grand jury (“John Doe 1”), and
Mayor-elect Eric Adams at Aldo’s Pizzeria with the anticipation that Mayor-elect
Adams would name Eric Ulrich to his new administration. Eric Ulrich was
subsequently named Senior Advisor to the Mayor.
11. On January 14, 2022, in a telephone conversation with Eric Ulrich, Joseph Livreri
stated in part, “I met with my friend from the garbage company… I got the texts
that they sent me…I don’t know if I should send them to you …. So, I could talk
to these guys again and say, you know, ‘It’s gonna be taken care of,’” referring to
delaying the implementation and bid process for the New York City Commercial
Waste Zone program.
12. On January 14, 2022, in a telephone conversation, Eric Ulrich instructed Joseph
Livreri, in sum and substance, to send him the screenshots via Signal, a third-party,
end-to-end encrypted, messaging application.
13. On January 14, 2022, in a telephone conversation, Joseph Livreri told John Doe
#1, in sum and substance, that Eric Ulrich had recommended a candidate for
“consumers,” referring to the vacant position for DCWP Commissioner. John Doe
#1 responded, “that’s a big deal for Mike [Mazzio].”
14. On January 29, 2022, Joseph Livreri and Michael Mazzio had a series of
conversations with each other and with Mayor Adams’s Chief Advisor in an attempt
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to get authorization for Mike’s Heavy Duty Towing to tow from New York City’s
highways during a snowstorm, and to convince Mayor Adams’s Chief Advisor and
other high-ranking New York City officials to remove a competing tow truck
company from its arterial towing contract with New York City.
15. On February 1, 2022, in a telephone conversation, Joseph Livreri told John Doe 1
that Eric Ulrich “hit him up” for money prior going to going Resorts World New
York.
16. On February 1, 2022, Eric Ulrich and Michael Mazzio discussed Eric Ulrich helping
Michael Mazzio’s daughter obtain a higher-paying position with the New York City
Department of Corrections (“DOC”).
17. On February 1, 2022, Eric Ulrich called the DOC Commissioner from New York
County and told him he would “send over one or two names.”
18. Later, on February 1, 2022, Eric Ulrich emailed the DOC Commissioner from his
personal email account and attached Michael Mazzio’s daughter’s resume with the
message, “this one is from the boss.”
19. On February 2, 2022, Eric Ulrich called the DOC Commissioner from New York
County and told him “[Michael Mazzio’s daughter] was the priority.”
20. On February 5, 2022, after speaking with the DOC Commissioner, Eric Ulrich told
Michael Mazzio, in sum and substance, that the DOC Commissioner had offered
Michael Mazzio’s daughter a position as a policy analyst at DOC with a starting
salary of $52,000, approximately $20,000 more a year than she had been making.
21. On February 7, 2022, Michael Mazzio sent Eric Ulrich $500.
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22. On February 14, 2022, Anthony Livreri called Eric Ulrich and stated that he was
“in a little bit of a problem right now” because an inspector from the New York
City Department of Health and Mental Hygiene (“DOHMH”) wanted to shut
down Aldo’s Pizzeria due to multiple health code violations.
23. On February 14, 2022, after informing Eric Ulrich that Aldo’s Pizzeria was, in fact,
being shut down by DOHMH, Anthony Livreri told Eric Ulrich “I need fucking
help…Please, Eric. I just need your help.”
24. On February 14, 2022, Eric Ulrich called a person known to the grand jury (“John
Doe 2”), the director of the Mayor’s Community Affairs Unit (“CAU”), and stated,
“The Mayor’s favorite restaurant in Queens got shut down tonight by the Board of
Health.”
25. On February 14, 2022, Eric Ulrich called a person known to the grand jury (“John
Doe 3”), John Doe 2’s Chief of Staff, stating, “The Health Department shut them
down. So, all we need to do is make sure they get a speedy reinspection so they can
reopen.”
26. On February 15, 2022, Eric Ulrich called John Doe 3 and asked, “Can you call the
Health Department and try to get an inspection there for tomorrow morning at
that pizzeria? . . . Just get it for the morning for Aldo’s, and let me know, you know,
when you can.”
27. On February 15, 2022, Eric Ulrich asked Joseph Livreri to send him $300.
28. On February 15, 2022, Joseph Livreri sent Eric Ulrich $300.
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29. On February 16, 2022, Eric Ulrich called Joseph Livreri from New York County
and put Joseph Livreri on the phone with Mayor Adams’s Chief Advisor to explain
why Aldo’s Pizzeria was shut down.
30. On February 16, 2022, Eric Ulrich called John Doe 3 from New York County and
asked for an update on Aldo’s re-inspection.
31. On February 19, 2022, Eric Ulrich and Michael Mazzio attended an event at Citi
Field and agreed to purchase a 20-game premium season ticket package from the
New York Mets.
32. On February 21, 2022, Eric Ulrich met with Anthony Livreri, Joseph Livreri, John
Doe 1, two other people known to the grand jury, and Mayor Eric Adams at Vetro
Restaurant and Lounge located at 164-49 Cross Bay Blvd.
33. On February 22, 2022, during a phone conversation among Eric Ulrich, Michael
Mazzio, and a New York Mets ticket representative, Michael Mazzio told the
representative, in sum and substance, to call him and “Jasmine” the following day
for a down payment on the tickets.
34. On February 23, 2022, Michael Mazzio had a check issued from Mike’s Heavy Duty
Towing to the New York Mets for $4832 as a partial payment for the 20-game
premium season ticket package.
35. On February 24, 2022, Michael Mazzio paid Eric Ulrich $100 using his daughter’s
Venmo account.
36. On March 9, 2022, Anthony Livreri called Eric Ulrich and asked him for assistance
in rescinding a vacate order issued by DOB to Fortunato Brothers after a fire.
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37. On March 9, 2022, Joseph Livreri called Eric Ulrich again to request his assistance
in rescinding the same vacate order issued to Fortunato Brothers.
38. On March 10, 2022, Joseph Livreri and Eric Ulrich met at the Cross Bay Diner.
39. On March 10, 2022, while with Joseph Livreri at the Cross Bay Diner, Eric Ulrich
called a person known to the grand jury (“John Doe 4”), an architect representing
Fortunato Brothers and told him that he was going to call the DOB Commissioner.
40. On March 10, 2022, while with Joseph Livreri at the Cross Bay Diner, Eric Ulrich
called the DOB Commissioner and stated, “I just want to make sure they’re not
sending the wrong inspector to say, ‘Oh no, you can’t get a partial vacate.’”
41. On March 10, 2022, while with Eric Ulrich at the Cross Bay Diner, Joseph Livreri
called Anthony Livreri and said, “Tell [the nephew of Fortunato Brothers’ owner]
not to call anybody anymore.”
42. On March 10, 2022, while with Eric Ulrich at the Cross Bay Diner, Joseph Livreri
called the nephew of Fortunato Brothers’ owner and told him that he had been
“working on this already this morning,” and further instructed him, in sum and
substance, not to make any more calls regarding the vacate order. They then
arranged to meet in person at Fortunato Brothers.
43. On March 10, 2022, Eric Ulrich met with the DOB Commissioner in the vicinity
of City Hall in New York County to discuss rescinding the vacate order issued to
Fortunato Brothers.
44. On March 10, 2022, while with the DOB Commissioner in the vicinity of City Hall,
in New York County, Eric Ulrich called John Doe 4 and informed him that there
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was nothing in the system regarding a reinspection for Fortunato Brothers. During
the conversation, the DOB Commissioner told John Doe 4 that someone from
DOB would contact him directly about rescinding the vacate order.
45. On March 10, 2022, Joseph Livreri met with the nephew of Fortunato Brothers’
owner at Fortunato Brothers.
46. On March 10, 2022, during a phone conversation with Anthony Livreri, Joseph
Livreri stated in sum and substance that he had just left Fortunato Brothers and
that “he got it done,” referring to Eric Ulrich’s assistance in rescinding the full
vacate order for Fortunato Brothers.
47. On March 10, 2022, during a phone conversation with Joseph Livreri, Anthony
Livreri confirmed that the nephew of Fortunato Brothers’ owner “knew the four,
right,” meaning a $4000 payment.
48. On March 11, 2022, Eric Ulrich and Joseph Livreri met at the Cross-Bay Diner and
then got into Joseph Livreri’s white Dodge Ram pickup truck where Joseph Livreri
gave Eric Ulrich US Currency.
49. On March 11, 2022, Ulrich deposited $1000 at a JPMorgan Chase bank branch
located at 156-33 Cross Bay Blvd.
50. On March 23, 2022, Michael Mazzio paid $4589 to the New York Mets toward Eric
Ulrich’s 20-game premium season ticket package using a Mike’s Heavy Duty
Towing corporate credit card ending 8459.
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51. On March 23, 2022, Michael Mazzio paid $4975 to the New York Mets for 10
tickets to the Mets-Yankees subway series at Citi Field in July 2022, using a Mike’s
Heavy Duty Towing corporate credit card ending 8459.
52. On March 25, 2022, while in the vicinity of City Hall in New York County, Eric
Ulrich electronically signed the contract with the New York Mets for the 20-game
premium season ticket package.
53. On May 9, 2022, Eric Ulrich and Michael Mazzio met with John Doe 1 at the Cross
Bay Diner and they all placed their cellphones on a windowsill approximately 10
feet from where they were seated.
54. On June 27, 2022, Eric Ulrich, Joseph Livreri, and Michael Mazzio met with John
Doe 1 and Mayor Adams’s Chief Advisor at Philppe Chow, a restaurant located at
33 East 60
th
Street in New York County.
55. On or about July 27, 2022, Michael Mazzio transferred three tickets for the Mets-
Yankees subway series to Eric Ulrich.
56. On September 17, 2022, Michael Mazzio sent Eric Ulrich $500 using his daughter’s
Venmo account.
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Count 2
AND THE GRAND JURY AFORESAID, by this indictment, accuses the
defendant Michael Mazzio of the crime of BRIBERY IN THE SECOND DEGREE,
in violation of Penal Law § 200.03, committed as follows:
The defendant, in the County of New York and elsewhere, during the period
from on or about August 5, 2021, to on or about November 1, 2022, conferred, and
offered and agreed to confer, a benefit in excess of $5000 upon a public servant upon
an agreement and understanding that such public servant’s vote, opinion, judgment,
action, decision and exercise of discretion as a public servant would thereby be
influenced.
Count 3
AND THE GRAND JURY AFORESAID, by this indictment, further accuses
the defendant Eric Ulrich of the crime of BRIBE RECEIVING IN THE SECOND
DEGREE, in violation of Penal Law § 200.11, committed as follows:
The defendant, in the County of New York and elsewhere, during the period
from on or about August 5, 2022, to on or about November 1, 2022, being a public
servant, solicited, accepted and agreed to accept a benefit in excess of $5000 from
another person upon an agreement and understanding that such public servant’s vote,
opinion, judgment, action, decision and exercise of discretion as a public servant would
thereby be influenced.
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Count 4
AND THE GRAND JURY AFORESAID, by this indictment, accuses the
defendant Michael Mazzio of the crime of BRIBERY IN THE THIRD DEGREE, in
violation of Penal Law § 200.00, committed as follows:
The defendant, in the County of New York and elsewhere, during the period
from on or about February 1, 2022, to on or about May 2, 2022, conferred, and offered
and agreed to confer, a benefit upon a public servant upon an agreement and
understanding that such public servant’s vote, opinion, judgment, action, decision and
exercise of discretion as a public servant would thereby be influenced.
Count 5
AND THE GRAND JURY AFORESAID, by this indictment, further accuses
the defendant Eric Ulrich of the crime of BRIBE RECEIVING IN THE THIRD
DEGREE, in violation of Penal Law § 200.10, committed as follows:
The defendant, in the County of New York and elsewhere, during the period
from on or about February 1, 2022, to on or about March 5, 2022, being a public
servant, solicited, accepted and agreed to accept a benefit from another person upon an
agreement and understanding that such public servant’s vote, opinion, judgment,
action, decision and exercise of discretion as a public servant would thereby be
influenced.
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Count 6
AND THE GRAND JURY AFORESAID, by this indictment, accuses the
defendants Joseph Livreri and Anthony Livreri of the crime of BRIBERY IN THE
THIRD DEGREE, in violation of Penal Law § 200.00, committed as follows:
The defendants, in the County of New York and elsewhere, during the period
from on or about February 14, 2022, to on or about February 17, 2022, conferred, and
offered and agreed to confer, a benefit upon a public servant upon an agreement and
understanding that such public servant’s vote, opinion, judgment, action, decision and
exercise of discretion as a public servant would thereby be influenced.
Count 7
AND THE GRAND JURY AFORESAID, by this indictment, further accuses
the defendant Eric Ulrich of the crime of BRIBE RECEIVING IN THE THIRD
DEGREE, in violation of Penal Law § 200.10, committed as follows:
The defendant, in the County of New York and elsewhere, during the period
from on or about February 14, 2022, to on or about February 17, 2022, being a public
servant, solicited, accepted and agreed to accept a benefit from another person upon an
agreement and understanding that such public servant’s vote, opinion, judgment,
action, decision and exercise of discretion as a public servant would thereby be
influenced.
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Count 8
AND THE GRAND JURY AFORESAID, by this indictment, accuses the
defendants Joseph Livreri and Anthony Livreri of the crime of BRIBERY IN THE
THIRD DEGREE, in violation of Penal Law § 200.00, committed as follows:
The defendants, in the County of New York and elsewhere, during the period
from on or about March 9, 2022, to on or about March 11, 2022, conferred, and offered
and agreed to confer, a benefit upon a public servant upon an agreement and
understanding that such public servant’s vote, opinion, judgment, action, decision and
exercise of discretion as a public servant would thereby be influenced.
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Count 9
AND THE GRAND JURY AFORESAID, by this indictment, further accuses
the defendant Eric Ulrich of the crime of BRIBE RECEIVING IN THE THIRD
DEGREE, in violation of Penal Law § 200.10, committed as follows:
The defendant, in the County of New York and elsewhere, during the period
from on or about March 9, 2022, to on or about March 11, 2022, being a public servant,
solicited, accepted and agreed to accept a benefit from another person upon an
agreement and understanding that such public servant’s vote, opinion, judgment,
action, decision and exercise of discretion as a public servant would thereby be
influenced.
ALVIN L. BRAGG, JR.
District Attorney
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GJ #8, 1st term – 2B
Filed: NA
No.
THE PEOPLE OF THE STATE OF NEW
YORK
-against-
Eric Ulrich,
Joseph Livreri,
Anthony Livreri,
Michael Mazzio
Defendants.
INDICTMENT
CONSPIRACY IN THE FOURTH DEGREE, P.L. § 105.10(1)
BRIBERY IN THE SECOND DEGREE, P.L. § 200.03 – DEF Mazzio - 1 count
BRIBE RECEIVING IN THE SECOND DEGREE, P.L. § 200.11 – DEF Ulrich – 1 count
BRIBERY IN THE THIRD DEGREE, P.L. § 200.00 – DEF J. Livreri – 2 counts, A. Livreri – 2 counts, Mazzio – 1 count
BRIBE RECEIVING IN THE THIRD DEGREE, P.L. § 200.10 – DEF Ulrich – 3 counts
ALVIN L. BRAGG, JR., District Attorney
A True Bill
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Guy R. Tardanico
Denise D. Vasel
Assistant District Attorneys
Rackets Bureau
Foreman
ADJOURNED TO PART _______ ON ________
