Ordered that the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for entry of an appropriate judgment (see, Lanza v Wagner, 11 N.Y.2d 317, 334, appeal dismissed 371 U.S. 74, cert denied 371 U.S. 901).
Since the ballot and the certificate of the Clerk of the City of Yonkers in the 1988 general election indicated that the plaintiff was to fill the office of Judge of the City Court of the City of Yonkers for an unexpired term, granting the relief requested by the plaintiff after the election took place would disenfranchise the voters who relied on that representation (see, Matter of Bullock v Van Wart, 25 N.Y.2d 812; Matter of King v McNab, 10 N.Y.2d 887).
We further note that the plaintiff failed to request that any corrective measures be taken by the Clerk of the City of Yonkers or the Westchester County Board of Elections with regard to the ballot in the November 1988 election although Laws of 1988 (ch 397) became effective on July 1, 1988. Mollen, P.J., Brown, Rubin and Sullivan, JJ., concur.