UNIONDALE - A judge says the family of a Hofstra student accidentally shot by a police officer can sue Nassau County.

Andrea Rebello was being held at gunpoint by a robber during a home invasion when Officer Nikolas Budimlic shot and killed both of them.

The Hofstra student's parents are suing Nassau for the off-campus shooting in May 2013.

Nassau County asked a state Supreme Court judge to dismiss the suit, but according to Newsday the judge ruled the suit can go forward.