Nassau judge recuses himself from Valva divorce case, court papers say

The Nassau County judge presiding over the divorce and custody battle between the NYPD officer accused of killing his 8-year-old son, Thomas Valva, and the boy's mother has recused himself from the case, officials said Friday. 

Justice Joseph H. Lorintz, who presides over matrimonial cases, issued an order recusing himself on Monday — two days before more than a dozen people rallied for Lorintz and two other judges to be removed from the bench over their handling of the case, according to a court order and a court spokesman.

When asked for comment from Lorintz on his reason for recusal, Daniel Bagnuola, a court spokesman, said: "Judges are prohibited from commenting on pending cases. It is not discretionary. It's a prohibition." 

Thomas Valva died from hypothermia Jan. 17 after authorities said Thomas Valva, 40, and his fiancee, Angela Pollina, 42, forced the boy to sleep in an unheated garage when the outside temperature was just 19 degrees. The two have pleaded not guilty to second-degree murder charges and are being held without bail; both are expected to be arraigned on an indictment next week. 

Thomas' mother, Justyna Zubko-Valva, 36, of Valley Stream, did not have custody of the boy and his two brothers at the time of Thomas' death, she has said. 

Michael Valva filed for divorce on Jan. 28, 2016, according to court records. The divorce has not been finalized. 

The case has been reassigned to Supervising Judge Jeffrey A. Goodstein, according to an order. The divorce matter will be back in court on Feb. 27. 

Zubko-Valva and Michael Valva also have an active Family Court case in Suffolk County, where the mother was granted emergency temporary custody of her two other sons five days after Thomas died. 

Zubko-Valva, who said she does not have a lawyer and is representing herself, declined to comment Friday. Michael Valva's attorney in the divorce proceeding did not respond to a message. 

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.