A New York judge has approved a $5 million settlement between the state and the family of a 13-year-old autistic, mentally retarded boy killed while in the care of two developmental center aides in 2007.

Court papers say Jonathan Carey was asphyxiated when one of the aides sat on him and covered his mouth with his hand after the boy undid his seatbelt in a van during an outing to an Albany-area mall.

His parents sued, claiming in part that the aide shouldn't have been hired because of a criminal record and supervisors at the O.D. Developmental Center in Niskayuna allowed him to become exhausted working too many hours. He was later convicted of manslaughter. The other aide pleaded guilty to criminally negligent homicide.

The settlement was approved Wednesday.