A top Democrat in the state Legislature on Thursday said he'll fight to sway lawmakers to limit how much taxpayer money should cover the legal defense costs of state employees as New Yorkers foot the multi-million-dollar bill for the ongoing legal battles plaguing former Gov. Andrew Cuomo and his top aides.

The New York Times first reported Thursday that taxpayers have paid at least $25.4 million to cover the legal fees for former Gov. Andrew Cuomo and his top aides related to allegations he sexually harassed multiple employees while in office — leading to his resignation in August 2021.

"He's accused of personal malfeasance," Senate Deputy Majority Leader Michael Gianaris told Spectrum News 1 on Thursday. "I don't know how anyone could suggest that harassing employees or sexually harassing individuals could possibly be done in the exercise of one's official duties."

When a New York official faces litigation related to something that happened on the job and they win, the state covers their legal fees. 

But Gianaris said the state law is applied too broadly, and often covers the defense cost related to any accusations that happened while exercising their official duties. The senator plans to lead the charge next session to change state law and clarify when legal expenses should be covered, and which should not — like for personal misconduct.

"You're talking about, now, tens of millions of dollars that could go to benefit New Yorkers in their everyday lives, and instead we're handing it over to a disgraced former official who resigned his office because of the accusations he's defending himself against," Gianaris said. "It's crazy."

Gianaris said the law must be changed as the state remains on the hook for a legal price tag that continues to grow. The senator added that the former governor has been aggressive with his legal strategy to intimidate witnesses on taxpayers' dime.

State senators passed a bill this session to prohibit the public reimbursement of campaign accounts to pay for legal defense. It died in the Assembly — a larger chamber where members often drag their feet to pass ethics reform.

Cuomo's testimony to a Republican-led House Committee earlier this week about New York's COVID deaths in nursing homes during the pandemic have drawn renewed attention to his legal battles.

NYPIRG Executive Director Blair Horner said lawmakers have periodically floated to change the policy when a high-profile legal battle involves prominent public officials.

"It's appropriate to look at whether or not there are new loopholes that have developed under the law and whether or not they need to be plugged," Horner said Thursday.

He urged lawmakers to hold a public hearing this fall to examine if the system should be changed before drafting a proposal.

But it's often difficult to sway officials to change a law that benefits them, regardless of the more ethical choice.

"That's what makes it tricky to get reform measures passed in Albany, or anywhere," Horner said.

Gianaris said work on the proposal will likely progress next session. The Senate leader requested feedback from state Attorney General Letitia James' office about how the law could be changed the most effectively, but the attorney general's office is not involved in drafting the legislation.

Representatives with the attorney general referred questions to Gianaris, and said the matter will be determined by the Legislature.

“The Legislature routinely uses outside taxpayer funded attorneys when it suits them," Cuomo's spokesman Rich Azzopardi said in a statement Monday. 

He also accused Gianaris of hypocrisy for backing the use of public funds to defend officials in other instances.

A Senate probe recently found Sen. John Mannion, a Central New York Democrat running for Congress, did not violate chamber rules after accusations he created a toxic work environment. Representatives with Senate Majority Leader Andrea Stewart-Cousins said Thursday the Senate did not spend public funds to hire legal defense for Mannion in the case. 

Gianaris responded: "I guess Andrew Cuomo hasn't learned any lessons about lying to cover up his misdeeds — like he did during the nursing home fiasco — because he's at it again."