Erie County District Attorney Michael J. Keane announces that Wayne A. Michalak, 52, of Lockport, was arraigned yesterday afternoon before Erie County Court Judge Susan Eagan on an indictment charging him with three counts of Grand Larceny in the Third Degree (Class “D” felonies).
It is alleged that on or about April 26, 2022, the defendant, while working as the owner and operator of WNY Backyard Enclosures, LLC, accepted a down payment for services from a homeowner in the Town of Marilla. The defendant, who was hired to build a detached garage on the property, is accused of failing to perform any work after receiving a payment of $28,889.38 from the victim.
It is also alleged that on or about May 16, 2022, the defendant accepted a down payment for services from a homeowner in the Village of Blasdell. The defendant, who was hired to install a concrete patio with a pergola on the property, is accused of failing to perform any work after receiving a payment of $5,000.00 from the victim.
It is further alleged that on or about June 4, 2022, the defendant accepted a down payment for services from a homeowner in the Town of Tonawanda. The defendant, who was hired to install a concrete patio on the property, is accused of failing to perform any work after receiving a payment of $5,985.00 from the victim.
Michalak is scheduled to return on Thursday, May 29, 2025, at 2:30 p.m. for a pre-trial conference. He was released on his own recognizance as the charge is a non-qualifying offense for bail.
If convicted of the charge, Michalak faces a maximum sentence of 7 years in prison.
“Even the most cautious homeowner can become a victim if the person hired for a job never shows up to perform the work. As many residents are hiring contractors during the summer months, I encourage anyone who has been the victim of a home improvement scam to contact my office,” said Erie County DA Mike Keane.
DA Keane commends the Erie County Attorney’s Office and ECDA Confidential Criminal Investigator Robert Bebak for their work in this investigation.
The case is being prosecuted by Assistant District Attorney Ryan A. Emmerling of the Special Investigations and Prosecutions Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.
