Erie County District Attorney Michael J. Keane announces that Wayne A. Michalak, 53, of Lockport, was sentenced this morning before Erie County Court Judge Susan Eagan. Michalak received a determinate sentence of 2 years in prison.
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.
In November 2025, Michalak pleaded guilty to three counts of Grand Larceny in the Third Degree (Class D felonies). He entered a guilty plea to all counts in the indictment. Additionally, Michalak was ordered to pay restitution to the victims. To date, he has only paid back money owed to one victim.
“Many residents will be hiring contractors as the warm weather approaches, but even the most cautious homeowner can become a victim if the person hired for a job never shows up to perform the work. As always, 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 was prosecuted by Assistant District Attorney Ryan A. Emmerling and Assistant District Attorney Denise A. Herman of the Special Investigations and Prosecutions Bureau.
