Contractor Pleads Guilty to Grand Larceny Charges

Erie County District Attorney Michael J. Keane announces that Wayne A. Michalak, 52, of Lockport, pleaded guilty this morning before Erie County Court Judge Susan Eagan to three counts of Grand Larceny in the Third Degree (Class D felonies). Michalak pleaded guilty to all counts in the indictment.

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, admitted to failing to perform any work after receiving a payment of $28,889.38 from the victim.

Also, 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, failed to perform any work after receiving a payment of $5,000.00 from the victim.

Additionally, 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, failed to perform any work after receiving a payment of $5,985.00 from the victim.

Michalak faces a maximum term of 7 to 21 years in prison when he is sentenced on Wednesday, January 28, 2026, at 9:30 a.m. He remains released on his own recognizance.

DA Keane commends the Erie County Attorney's Office and ECDA Confidential Criminal Investigator Robert Bebak for their work in this investigation.

The case was prosecuted by Assistant District Attorney Ryan A. Emmerling and Assistant District Attorney Denise A. Herman of the Special Investigations and Prosecutions Bureau.