Wrongful death lawsuit: Thomas Valva's mother files documents appearing to revive $9M settlement

The mother of Thomas Valva, the 8-year-old Center Moriches boy who died after he was forced to sleep in a freezing garage — a case that highlighted failings of Suffolk County Child Protective Services — has filed new court papers in an attempt to salvage the $9 million settlement reached with the county.

Justyna Zubko-Valva’s wrongful death lawsuit against the county was scheduled to go to trial in federal court in Brooklyn in September, after she publicly feuded with her attorneys and failed to follow the court’s instructions to finalize the settlement.

But Zubko-Valva now appears to be trying to avoid trial and revive the $9 million settlement.

“Since the court’s June 8, 2026 order denying the motion for approval of settlement, the parties have come to an agreement on a general release, stipulation of discontinuance, and proposed order,” wrote Thomas Bosworth, Zubko’s Valva’s Philadelphia-based attorney, who also notes the settlement will avoid the expense and uncertainty of a trial.

U.S. District Judge Brian M. Cogan has yet to rule on the new motion.

Neither the county nor Bosworth responded to a message seeking comment Monday.

Thomas died of hypothermia on Jan. 17, 2020, after his NYPD officer father, Michael Valva, and his father’s fiancée Angela Pollina forced Thomas and his older brother, Anthony, who are both autistic, to sleep in a freezing garage. The children were also starved and beaten, prosecutors said at trial.

Michael Valva and Pollina were both convicted of second-degree murder in Thomas’ death and are serving sentences of 25 years to life in prison.

Zubko-Valva filed a $200 million lawsuit against Suffolk and seven CPS supervisors and investigators; Valva and Pollina; several attorneys and law offices involved in the placement of the children; and the East Moriches school district and administrators following Thomas' death.

Last year, a $9 million settlement agreement was reached, but Zubko-Valva had refused to sign-off on required legal paperwork to finalize the agreement even as she begged for a quick payout because her Valley Stream home is in the late stages of foreclosure.

But Cogan ruled last month that Zubko-Valva and the county and other parties didn’t agree on key terms of the settlement, as proposed in Zubko-Valva’s motion, and he ordered the case to trial.

The newly filed motion proposed that Zubko-Valva receive over $5.6 million directly and her other sons, Anthony, 17, and Andrew, 13, each receive $177,342.20.

Bosworth’s firm would be paid $3 million, or 33% of the settlement amount.

By Nicole Fuller

nicole.fuller@newsday.com@NicoleFuller

Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.