2012 New York Consolidated Laws
EXC - Executive
Article 22 - (620 - 635) OFFICE OF VICTIM SERVICES
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, grandparents, parents,  stepparents,
  guardians,  brothers,  sisters,  stepbrothers,  stepsisters, children or
  stepchildren 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.