N.Y. Exec. Law § 626

§ 626. Out-of-pocket loss; definition. 1. Out-of-pocket loss shall\nmean unreimbursed and unreimbursable expenses or indebtedness reasonably\nincurred for medical care or other services necessary as a result of the\ninjury upon which such claim is based, including such expenses incurred\nas a result of the exacerbation of a pre-existing disability or\ncondition directly resulting from the crime or causally related to the\ncrime. Such expenses or indebtedness shall include the cost of\ncounseling for the eligible spouse, grandparents, parents, stepparents,\nguardians, brothers, sisters, stepbrothers, stepsisters, children or\nstepchildren of a homicide victim, and crime victims who have sustained\na personal physical injury as the direct result of a crime and the\nspouse, children or stepchildren of such physically injured victim. For\nthe purposes of this subdivision, the victim of a sex offense as defined\nin article one hundred thirty of the penal law is presumed to have\nsuffered physical injury. Such counseling may be provided by local\nvictim service programs, where available. It shall also include the cost\nof residing at or utilizing services provided by shelters for battered\nspouses and children who are eligible pursuant to subdivision two of\nsection six hundred twenty-four of this article, and the cost of\nreasonable attorneys' fees for representation before the office and/or\nbefore the appellate division upon judicial review not to exceed one\nthousand dollars.\n 2. Out-of-pocket loss shall also include the cost of counseling for a\nchild victim and the parent, stepparent, grandparent, guardian, brother,\nsister, stepbrother or stepsister of such victim, pursuant to\nregulations promulgated to carry out the provisions and purposes of this\narticle.\n 3. Notwithstanding any inconsistent provision of this article, and\nwithout regard to the financial difficulty of the claimant,\nout-of-pocket loss also shall include the cost of unreimbursed and\nunreimbursable counseling expense or indebtedness reasonably incurred by\nrelief workers who worked at the World Trade Center site in the\nimmediate aftermath of the September eleventh, two thousand one\nterrorist attacks, or incurred by individuals who personally witnessed\nsuch attacks, where such counseling expense or indebtedness is incurred\nas a direct result of such work or of the witnessing of such attacks,\nand is incurred on or before December thirty-first, two thousand seven.\n