Contractor Stole Down Payment

Hi first time posting in here and hopefully last. Located in NY about 90 minutes out of the city.

So I hired a contractor to replace windows at my house. They came by took measurements and we agreeed on a price of 5,200.

I wrote up a little contract we both sign. I pay him 3,500 to order the windows (which cost 2,900 I have the quote he sent me) plus a little extra. And pay the remaining balance of 1,700 after installation. We signed that contract 9/9/24.

A month goes by and the windows are supposedly just getting delivered to warehouse and than excuses start coming. The contractor gets hurt, brother gets sick, things aren't good but he's gonna do right by me.

He starts dodging my calls and finally answers again and I come to find out he never even ordered the windows. He said he would pay me back yesterday, but yesterday came and gone and he was dodging me again.

What is my best option going forward? Thanks for the advice, if you have any other questions let me know.