$9M Thomas Valva settlement delayed again over money split

A $9 million settlement with Suffolk County hit another snag Monday after 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 — raised new concerns over how the funds would be split with her surviving children.

The payments, which Suffolk officials had agreed to disperse rapidly to help Justyna Zubko-Valva avoid foreclosure on her Valley Stream home, will not be released for at least another month as her attorneys draw up a new proposal that could see more money paid directly to the mother.

Zubko-Valva said an agreement reached last week for $2 million to be paid directly to her — with an additional $4 million placed in trusts established for sons Anthony and Andrew Valva and $3 million paid to her attorneys — would not leave her with enough money to properly care for her children. The mother argued a more equitable distribution of the family’s $6 million share would be based on the number of claims in the lawsuit made by each party. She estimated she should be paid about $5.5 million with the remaining $500,000 going to the accounts set up for her children, which she said would make it easier for her to meet her children's financial needs and pay for their educations.

Her eldest son, Anthony, "has special needs. I'm going to have to [support him] for the rest of his life," Zubko-Valva said. "And I'm not going to be able to go back to work and leave my children in the situation where they're still trying to heal from the horrific abuse that they experienced."

U.S. Magistrate Judge Arlene R. Lindsay, who oversaw the agreement reached last week, cautioned Zubko-Valva that her concerns will further delay payment of the funds, including $500,000 she said she desperately needs now to keep possession of her home. Lindsay said Zubko-Valva could set up the trusts so she has access to the children’s funds to provide for their care. The judge also advised her that no matter how the terms are drafted, distribution will ultimately be decided by U.S. District Judge Edward R. Korman, who is presiding over the case.

"Judge Korman is going to say ‘That’s fair or that's not fair’ and [he could say] more should go to the children," Lindsay told Zubko-Valva.

John Bailey, an attorney for some of the county defendants, assured the judges the defendants want to see the funds dispersed promptly but need time to review the final proposal to ensure the settlement protects the county from future claims made by the children when they become adults. Anthony is 16 years old and Andrew is 12.

"I can assure you, we do not want to get in the way of this, but we have to protect our clients," Bailey said.

Korman set a Jan. 15 deadline for Zubko-Valva’s attorneys, Adam Volk and Thomas Bosworth, to submit the new proposal and an additional week for the county to respond. The matter will then be discussed further at a Jan. 30 conference, where Korman could approve the settlement.

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 their 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.

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.

By Grant Parpan

grant.parpan@newsday.com@GrantParpan

Grant Parpan covers Suffolk County courts and federal courts for Newsday. A Long Island native, he joined Newsday in 2022.