N.Y. Executive Law § 624: Eligibility

§ 624. Eligibility. 1. Except as provided in subdivision two of this

section, the following persons shall be eligible for awards pursuant to

this article:

(a) a victim of a crime;

(b) a surviving spouse, domestic partner, grandparent, parent,

stepparent, guardian, brother, sister, stepbrother, stepsister, child,

stepchild or grandchild of a victim of a crime who died as a direct

result of such crime;

(c) any other person dependent for his principal support upon a victim

of a crime who died as a direct result of such crime;

(d) any person or business represented by a person who has paid for or

incurred the burial expenses of a victim who died as a direct result of

such crime, except such person shall not be eligible to receive an award

for other than burial expenses unless otherwise eligible under paragraph

(a), (b) or (c) of this subdivision;

(e) an elderly victim of a crime;

(f) a disabled victim of a crime;

(g) a child victim of a crime;

(h) a parent, stepparent, grandparent, guardian, brother, sister,

stepbrother or stepsister of a child victim of a crime;

(i) a surviving spouse of a crime victim who died from causes not

directly related to the crime when such victim died prior to filing a

claim with the office or subsequent to filing a claim but prior to the

rendering of a decision by the office. Such award shall be limited to

out-of-pocket loss incurred as a direct result of the crime;

(j) a spouse, child or stepchild of a victim of a crime who has

sustained personal physical injury as a direct result of a crime;

(k) a surviving spouse, grandparent, parent, stepparent, guardian,

sibling, stepsibling, child, stepchild, or grandchild of a victim of a

crime who died as a direct result of such crime and where such crime

occurred in the residence shared by such family member or members and

the victim; and

(l) any person not otherwise eligible under this subdivision who has

paid for or incurred the crime scene cleanup expenses, provided that

such person shall only be eligible to receive an award under this

article for crime scene cleanup.

2. A person who is criminally responsible for the crime upon which a

claim is based or an accomplice of such person shall not be eligible to

receive an award with respect to such claim. A member of the family of a

person criminally responsible for the crime upon which a claim is based

or a member of the family of an accomplice of such person, shall be

eligible to receive an award, unless the office determines pursuant to

regulations promulgated to carry out the provisions and purposes of this

article, that the person criminally responsible will receive substantial

economic benefit or unjust enrichment from the compensation. In such

circumstances the award may be reduced or structured in such way as to

remove the substantial economic benefit or unjust enrichment to such

person or the claim may be denied.