ZUBKO-VALVA v. COUNTY OF SUFFOLK

2:20-cv-2663 (ERK)(ARL).

607 F.Supp.3d 301 (2022)

Justyna ZUBKO-VALVA, as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva, and Justyna Zubko-Valva Individually, Plaintiffs, v. The COUNTY OF SUFFOLK, CPS Senior Caseworker Michele Clark, Individually and in her Official Capacity, CPS Supervisor Edward Heepe, Individually and in his Official Capacity, CPS Assistant Director Robert Leto, Individually and in his Official Capacity, CPS Investigator Jennifer Lantz, Individually and in her Official Capacity CPS Investigator Melissa Estrada, Individually and in her Official Capacity, CPS Investigator Lydia Sabosto, Individually and in her Official Capacity, CPS Supervisor Jean Montague, Individually and in her Official Capacity, Department of Social Services County Attorney Randall Ratje, Esq., Individually and in his Official Capacity, Attorney for Children Donna McCabe, Esq., Individually and in her Official Capacity, the Law Office of Donna McCabe, Shana Curti, Esq., Individually and in her Official Capacity, Orsetti & Curti PLLC, East Moriches Union Free School District, Principal Edward Schneyer, Individually and in his Official Capacity, School Superintendent Charles Russo, Individually and in his Official Capacity, Hope Schwartz Zimmerman, Individually, Attorney for Children Ethan Halpern, Esq., Individually and in his Official Capacity, the Legal Aid Society of Suffolk County, Inc., Children's Law Bureau, Michael Valva, and Angela Pollina, Defendants.

United States District Court, E.D. New York.

Signed June 15, 2022.


Attorney(s) appearing for the Case

Jin-Young Han , Law Offices of Jin Han, P.C., New York, NY, John Joseph Meehan , Law Offices of Jon L. Norinsberg, Esq., New York, NY, Jon L. Norinsberg , New York, NY, for Plaintiffs.

Brian C. Mitchell , Suffolk County Dept. of Law-County Attorney, Hauppauge, NY, for Defendants The County of Suffolk, CPS Senior Caseworker Michele Clark, CPS Supervisor Edward Heepe, CPS Assistant Director Robert Leto, CPS Investigator Jennifer Lantz, CPS Investigator Melissa Estrada, CPS Investigator Lydia Sabosto, CPS Supervisor Jean Montague, Department of Social Services County Attorney Randall Ratje, Esq.

Michael J. Boranian , Montfort, Healy, McGuire and Salley LLP, Garden City, NY, Joseph R. Crafa , Joseph R. Crafa, P.C., Garden City, NY, for Defendants Attorney for Children Donna McCabe, Esq., The Law Office of Donna McCabe.

Gregg D. Weinstock , Anna I. Hock , Karolina Maria Wiaderna , Vigorito, Barker, Patterson, Nichols & Porter LLP, Garden City, NY, Joseph Paul Muscarella , Forest Hills, NY, for Defendants Shana Curti, Esq., Orsetti & Curti PLLC.

Christine Gasser , Laura A. Endrizzi , Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis and Fishlinger, Uniondale, NY, for Defendants East Moriches Union Free School District, Principal Edward Schneyer, School Superintendent Charles Russo.

Lori L. Pack , Office of the New York State Attorney General, Hauppauge, NY, for Defendant Hope Schwartz Zimmerman.

Jonathan B. Bruno , Rivkin Radler LLP, New York, NY, Michelle Lynn Vizzi , New York, NY, for Defendants Attorney for Children Ethan Halpern, Esq., The Legal Aid Society of Suffolk County, Inc.


MEMORANDUM & ORDER

On January 17, 2020, eight-year-old Thomas Valva ("Tommy") froze to death in his father's garage. ECF No. 1 ¶¶ 45, 263. Tommy's father Michael Valva and his father's girlfriend Angela Pollina had locked him in the garage overnight as a form of...

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