Retired prosecutor Jim Quinn is filing an appeal for the nonpartisan special election for borough president to be reinstated. Quinn is not on a primary ballot and will be out of the race completely if the June 23 election is not reinstated.

Businessman Dao Yin is also appealing Cuomo’s decision, though he is also on the Democratic primary ballot.

“The judge in the lower court was in agreement with the merits of our argument that Governor Cuomo took extreme and unnecessary action in canceling the election, which makes his decision not granting us relief even more disappointing and confounding,” Quinn said in a statement Friday.

Queens Supreme Court Judge Robert Caloras did say that Cuomo’s “action went well beyond what was necessary under the circumstances” but still ruled against Quinn on Monday.

All the other candidates in the special election are on the Democratic primary ballot and Caloras said reinstituting the special election while other candidates have adjusted their campaigning for the primary, also set for June 23, “would likely result in a hardship that borders on unfairness.”

Caloras added that “it was petitoner’s own actions by which he ran only in the special election, and not the primary, which must be taken into consideration of the hardship he now claims to have suffered.”

But Yin also sees Cuomo’s move as wrong, despite running in both contests.

“Cuomo’s cancellation of this election and his meddling in other special elections is reminiscent of that which the British monarch did with respect to withholding writs of election during colonial times,” Yin says in his brief.

The special election was announced after former Borough President Melinda Katz took office as district attorney. Former Deputy Borough President Sharon Lee is serving as acting borough president. The winner would have served through the end of this year, to be succeeded by the winner of the Nov. 3 general election.

The cases will be argued in the Appellate Division Tuesday morning.

Candidates in the Democratic primary are Councilman Costa Constantinides (D-Astoria), former Councilwoman Elizabeth Crowley, retired NYPD Sgt. Anthony Miranda, Councilman Donovan Richards (D-Laurelton) and Yin.

The winner will face Queens GOP Chairwoman Joann Ariola-Shanks, who is running on the Republican and Conservative lines in the Nov. 3 election.

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