Republican presidential candidate, Sen. Ted Cruz, R-Texas speaks at the Pennsylvania Leadership Conference, Friday, April 1, 2016, in Camp Hill, Pa. (AP Photo/Julio Cortez)
ALBANY, N.Y. (AP) – The state's top court is refusing to hear a challenge to Sen. Ted Cruz's presence on New York's April 19 presidential Republican primary ballot.
Plaintiffs Barry Korman and William Gallo maintain Cruz isn't "a natural born citizen" of the U.S. as constitutionally required for eligibility to be president.
Cruz was born in Alberta, Canada. His mother was a U.S. citizen living there. His father is a native of Cuba.
Last week, the midlevel Appellate Division agreed with a trial judge that the challenge over his citizenship was filed too late, missing the statutory three-day deadline.
Cruz filed Jan. 26 at New York's Board of Elections, but the objection didn't arrive until Feb. 17.
The Court of Appeals without comment has now declined to entertain an appeal.
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