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The New York
Appellate Division agreed with the lower court ruling that the
suit should be thrown out because it missed the deadline for
filing an objection to Cruz's appearance on the April 19 ballot.
Lawyers for Cruz successfully argued that the objectors had
filed their petition nearly three weeks late.
The appeals judges said they would not address the merits of the
case, saying they were "academic."
Roger Bernstein, a lawyer for the petitioners, said his clients
intend to appeal the decision.
New York residents Barry Korman, 81, of Manhattan, and William
Gallo, 85, of Manhasset, had filed the suit, arguing that
because Cruz was born in Canada, he is not a "naturally born"
citizen as the Constitution dictates for a U.S. president.
Cruz has defended himself against similar claims in multiple
states, saying he was a U.S. natural born citizen at birth
because of his mother's U.S. citizenship at the time.
Cruz was born in 1970 in Calgary, Alberta.
(Editing by Richard Valdmanis and Dan Grebler)
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