Thomas Valva death: Mother of Center Moriches boy agrees to $9 million settlement with Suffolk County

The mother of Thomas Valva, the 8-year-old Center Moriches boy who died of hypothermia after being forced to sleep in his father's garage in subfreezing temperatures, agreed Monday to the terms of a $9 million settlement with Suffolk County that will allow the money to be rapidly dispersed to prevent the foreclosure of her home.

The agreement, reached in a phone conference with Magistrate Judge Arlene R. Lindsay, would provide Thomas' mother, Justyna Zubko-Valva, with $2 million immediately while trusts would be set up with $2 million apiece for her two surviving sons, Anthony and Andrew. The remaining $3 million would be set aside for Zubko-Valva's attorneys.

However, attorneys representing Suffolk County did not immediately sign off on the settlement, which had been revised to address Zubko-Valva's concerns. The county attorneys argued the revised settlement could allow Anthony and Andrew to bring new claims once they turn 18. Anthony is 16 and Andrew is 12. The specific nature of those potential claims was not clear. Lindsay ordered the county to present written arguments in response to the settlement by Friday, while all sides are set to meet again next Monday.

"I have a woman with children whose home is in foreclosure," Lindsay said on Monday. "She needs to pay her bills. She has children that have to be provided for. And this has been spinning around far too long."

A federal judge last month said he would approve the $9 million settlement, but Zubko-Valva raised concerns earlier this month about the structure of the agreement, arguing it didn't address the "tremendous suffering" of Anthony and Andrew, and herself. 

The attorneys said they'd structured the agreement as a wrongful death settlement as opposed to one centered on "pain and suffering" to lessen the tax obligations for the parties involved.

Zubko-Valva also publicly accused her lawyers of misconduct and unnecessarily prolonging the case. She has refused to meet with them to resolve the issues, her attorneys have said.

The compromise agreement proposed on Monday would provide the mother with $2 million — enough to prevent the foreclosure of her home — while setting up accounts for each child. Zubko-Valva would be the co-trustee of those accounts.

"We are in a very difficult financial situation. We have a house in foreclosure that needs to be paid immediately in order to save our home. And I have to support my children financially," Zubko-Valva said during the hearing.

The remaining $3 million, set aside for lawyers, would not be paid out immediately. Zubko-Valva's former attorney, Jon Norinsberg, has argued he is entitled to a portion of those funds, Lindsay said.

Zubko-Valva's current lawyers, Adam Volk and Thomas Bosworth, consented to the structure of the deal.

"We were trying to do what's best for our client, given the time constraints that she needs the money now," Bosworth said. ... "So I'm just trying to get her the money as soon as she can get it. And now it's turned into this complete quagmire."

Thomas was killed on Jan. 17, 2020, by his NYPD officer father, Thomas Valva, and Valva's then-fiancee, Angela Pollina.

Valva and Pollina forced Thomas and his older brother Anthony, both on the autism spectrum, to sleep on the bare concrete floor of the garage without mattresses, pillows or blankets, according to trial testimony. Thomas died from hypothermia. 

Zubko-Valva had lost custody of Thomas and his brothers two years earlier.

In video from a home surveillance system Pollina controlled, which was displayed for the juries during both trials, the boys were seen shivering in subfreezing temperatures.

Thomas and Anthony appeared "emaciated" and starving during most of their time at East Moriches Elementary School, their teachers and other school officials testified, adding they also came to school with bruises, cuts and other injuries.

Valva and Pollina each were convicted of second-degree murder. Both are serving sentences of 25 years to life in upstate prisons.

The settlement was reached five years after Zubko-Valva filed a $200 million lawsuit against Suffolk County and seven Child Protective Services 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. 

The complaint alleged the boy's death was "not only foreseeable, but completely preventable" following years of reports to Child Protective Services by Zubko-Valva describing the abuse.