N.Y. Exec. Law § 624

§ 624. Eligibility. 1. Except as provided in subdivision two of this\nsection, the following persons shall be eligible for awards pursuant to\nthis article:\n (a) a victim of a crime;\n * (b) a surviving spouse, grandparent, parent, stepparent, guardian,\nbrother, sister, stepbrother, stepsister, child, stepchild or grandchild\nof a victim of a crime who died as a direct result of such crime;\n * NB Effective until June 17, 2020\n * (b) a surviving spouse, domestic partner, grandparent, parent,\nstepparent, guardian, brother, sister, stepbrother, stepsister, child,\nstepchild or grandchild of a victim of a crime who died as a direct\nresult of such crime;\n * NB Effective June 17, 2020\n (c) any other person dependent for his principal support upon a victim\nof a crime who died as a direct result of such crime;\n (d) any person or business represented by a person who has paid for or\nincurred the burial expenses of a victim who died as a direct result of\nsuch crime, except such person shall not be eligible to receive an award\nfor other than burial expenses unless otherwise eligible under paragraph\n(a), (b) or (c) of this subdivision;\n (e) an elderly victim of a crime;\n (f) a disabled victim of a crime;\n (g) a child victim of a crime;\n (h) a parent, stepparent, grandparent, guardian, brother, sister,\nstepbrother or stepsister of a child victim of a crime;\n (i) a surviving spouse of a crime victim who died from causes not\ndirectly related to the crime when such victim died prior to filing a\nclaim with the office or subsequent to filing a claim but prior to the\nrendering of a decision by the office. Such award shall be limited to\nout-of-pocket loss incurred as a direct result of the crime; and\n (j) a spouse, child or stepchild of a victim of a crime who has\nsustained personal physical injury as a direct result of a crime.\n (k) a surviving spouse, grandparent, parent, stepparent, guardian,\nbrother, sister, stepbrother, stepsister, child, stepchild, or\ngrandchild of a victim of a crime who died as a direct result of such\ncrime and where such crime occurred in the residence shared by such\nfamily member or members and the victim.\n * 1-a. For the purposes of this section, "domestic partner" means a\nperson who, with respect to another person:\n (a) is formally a party in a domestic partnership or similar\nrelationship with the other person, entered into pursuant to the laws of\nthe United States or of any state, local or foreign jurisdiction, or\nregistered as the domestic partner of the other person with any registry\nmaintained by the employer of either party or any state, municipality,\nor foreign jurisdiction; or\n (b) is formally recognized as a beneficiary or covered person under\nthe other person's employment benefits or health insurance; or\n (c) is dependent or mutually interdependent on the other person for\nsupport, as evidenced by the totality of the circumstances indicating a\nmutual intent to be a domestic partner including but not limited to:\ncommon ownership or joint leasing of real or personal property; common\nhouseholding, shared income or shared expenses; children in common;\nsigns of intent to marry or become a domestic partner under paragraph\n(a) or (b) of this subdivision; or the length of the personal\nrelationship of the persons.\n * NB Effective June 17, 2020\n 2. A person who is criminally responsible for the crime upon which a\nclaim is based or an accomplice of such person shall not be eligible to\nreceive an award with respect to such claim. A member of the family of a\nperson criminally responsible for the crime upon which a claim is based\nor a member of the family of an accomplice of such person, shall be\neligible to receive an award, unless the office determines pursuant to\nregulations promulgated to carry out the provisions and purposes of this\narticle, that the person criminally responsible will receive substantial\neconomic benefit or unjust enrichment from the compensation. In such\ncircumstances the award may be reduced or structured in such way as to\nremove the substantial economic benefit or unjust enrichment to such\nperson or the claim may be denied.\n