NY court rejects lawsuit challenging Cruz's citizenship
© Greg Nash

A New York appeals court tossed out a suit that would have kept Ted CruzRafael (Ted) Edward CruzCruz slams Jim Carrey's 'vicious, angry' painting of Alabama governor after abortion ban Eye-popping number of Dems: I can beat Trump 'SleepyCreepy Joe' and 'Crazy Bernie': Trump seeks to define 2020 Dems with insults MORE out of the state's GOP presidential primary because he was born in Canada.

The New York Appellate Division on Thursday reaffirmed a lower court ruling that Cruz is eligible for the state's April 19 primary, according to The Globe and Mail.

ADVERTISEMENT

His lawyers successfully argued that the petition against Cruz was filed too late, missing a deadline for challenging his name on state ballots by three weeks.

An appeals judge on Thursday subsequently dismissed the challenge. The judge declined to discuss the merits of the case, calling it "academic."

Roger Bernstein, a lawyer for the petitioners, said Thursday that his clients plan on challenging the ruling immediately.

New York residents Barry Korman, 81, of Manhattan, and William Gallo, 85, of Manhasset, contend that Cruz is not eligible for the presidency because he was born in Calgary, Canada, in 1970. They questioned if he met the natural-born citizen requirement for presidents under the Constitution.

GOP presidential front-runner Donald TrumpDonald John TrumpThe Hill's Morning Report - White House, Congress: Urgency of now around budget GOP presses Trump to make a deal on spending Democrats wary of handing Trump a win on infrastructure MORE has repeatedly suggested that Cruz’s birthplace may become a legal issue for the Texas senator. Cruz says he is a natural-born U.S. citizen because his mother had American citizenship at the time of his birth.

Trump leads Cruz and fellow candidate John Kasich by 43 points in New York, according to the latest RealClearPolitics average of polls

His edge is smaller nationwide, however, with the New York business mogul owning a roughly 13-percent advantage over Cruz.