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- Pending Government Action:Government Action: BBB reports on known government actions involving business’ marketplace conduct:Contractor Indicted on Grand Larceny Charges
The following describes a pending government action that has been formally brought by a government agency but has not yet been resolved. We are providing a summary of the governments allegations, which have not yet been proven.
Wednesday, May 21, 2025
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.
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