MERRICK - Police say a construction worker was shot with a pellet gun in Merrick Tuesday afternoon.

Officials say Timothy Burzynski found the construction noise in his neighborhood annoying, so he shot a pellet rife from his window. They say Burzynski hit a construction worker in the back.

Police recovered the pellet gun and seven other firearms and ammunition from his home.

The construction worker was treated at a hospital for a wound to the upper back.