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Family of Hofstra student killed by police to sue

In this photo copied from the 2010 Sleepy Hollow High School yearbook, high school student Andrea Rubello is shown.

In this photo copied from the 2010 Sleepy Hollow High School yearbook, high school student Andrea Rubello is shown.  (AP)

The family of a New York college student who was killed by a policeman during a home invasion has taken the first legal step toward suing the county and police department.

Attorneys for the estate of Andrea Rebello filed a notice of claim against Nassau County and the Nassau County Police Department on Friday. Rebello's twin sister, Jessica Rebello, also filed a notice of claim, saying she was harassed and detained by officers after the May 17 shooting.

Rebello, a Hofstra University junior, was killed after she was held by intruder Dalton Smith in her off-campus home. Smith was also shot and killed by a Nassau County police officer who entered the house.

Nassau County Attorney John Ciampoli tells Newsday the shooting was tragic, and said his office was open to settlement offers.