A judge upheld Gov. Cuomo’s decision to cancel the nonpartisan special election for borough president on Monday.

The ruling means former Executive District Attorney Jim Quinn will not be on the ballot. The race had been slated for June 23. There is still a Democratic primary scheduled for that day.

Quinn and businessman Dao Yin, who is on the Democratic primary ballot, attempted to overturn the governor’s call.

Queens Supreme Court Judge Robert Caloras said reinstituting the special election while other candidates have adjusted their campaigning for the primary “would likely result in a hardship that borders on unfairness.”

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 ruling stated that the special election is “only to fill a non-legislative and non-executive position” for about six months. “Moreover, the Mayor has already duly-appointed an individual to function in this role until an election takes place.”

The 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 general election.

New York will hold a Democratic presidential primary on June 23 after the U.S. Court of Appeals for the Second Circuit upheld the decision by federal District Judge Analisa Torres ordering a primary.

The state Board of Elections had voted to cancel it amid concerns over the coronavirus. Former Vice President Joe Biden is the only candidate campaigning after U.S. Sen. Bernie Sanders (I-Vt.) suspended his campaign.

Andrew Yang, who had been running in the election, had challenged the cancellation and the decision was made that the move was unconstitutional.

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