DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant, City of New York, was entitled to summary judgment dismissing the cause of action pursuant to General Municipal Law § 205-e inasmuch as none of the predicate violations set forth in the pleadings was sufficient to support such a cause of action (see, Gonzalez v. Iocovello, 93 N.Y.2d 539, 551 ; Desmond v. City of New York, 88 N.Y.2d 455 ; St. Jacques v. City of New York, 88 N.Y.2d 920 ). In any event, the Supreme Court properly concluded that under the circumstances, the use of deadly force by the plaintiff's fellow officer was justified as a matter of law, as it is undisputed that the plaintiff police officer was struggling with a machine-gun-wielding suspect when a bullet fired by another officer struck the plaintiff in the hand (see, Penal Law § 35.30).