N.Y. Executive Law § 626: Out-of-pocket loss; definition

§ 626. Out-of-pocket loss; definition. 1. Out-of-pocket loss shall

mean unreimbursed and unreimbursable expenses or indebtedness reasonably

incurred for medical care or other services necessary as a result of the

injury upon which such claim is based, including such expenses incurred

as a result of the exacerbation of a pre-existing disability or

condition directly resulting from the crime or causally related to the

crime. Such expenses or indebtedness shall include the cost of

counseling for the eligible spouse, domestic partner, grandparents,

parents, stepparents, guardians, brothers, sisters, stepbrothers,

stepsisters, children, stepchildren or grandchildren of a homicide

victim, and crime victims who have sustained a personal physical injury

as the direct result of a crime and the spouse, children or stepchildren

of such physically injured victim. For the purposes of this subdivision,

the victim of a sex offense as defined in article one hundred thirty of

the penal law is presumed to have suffered physical injury. Such

counseling may be provided by local victim service programs, where

available. It shall also include the cost of residing at or utilizing

services provided by shelters for battered spouses and children who are

eligible pursuant to subdivision two of section six hundred twenty-four

of this article, and the cost of reasonable attorneys' fees for

representation before the office and/or before the appellate division

upon judicial review not to exceed one thousand dollars.

2. Out-of-pocket loss shall also include the cost of counseling for a

child victim and the parent, stepparent, grandparent, guardian, brother,

sister, stepbrother or stepsister of such victim, pursuant to

regulations promulgated to carry out the provisions and purposes of this

article.

3. Notwithstanding any inconsistent provision of this article, and

without regard to the financial difficulty of the claimant,

out-of-pocket loss also shall include the cost of unreimbursed and

unreimbursable counseling expense or indebtedness reasonably incurred by

relief workers who worked at the World Trade Center site in the

immediate aftermath of the September eleventh, two thousand one

terrorist attacks, or incurred by individuals who personally witnessed

such attacks, where such counseling expense or indebtedness is incurred

as a direct result of such work or of the witnessing of such attacks,

and is incurred on or before December thirty-first, two thousand seven.