Ted Cruz, a candidate for GOP presidential nomination, on March...

Ted Cruz, a candidate for GOP presidential nomination, on March 5, 2016, during the Kansas caucuses in Wichita. A N.Y. judge rejected a challenge to his citizenship on March 7, saying it was filed too late. Credit: TNS / Bo Rader

A state judge dismissed a lawsuit Monday that claimed Sen. Ted Cruz (R-Texas) isn’t a natural-born American citizen and should be kicked off New York’s Republican presidential primary ballot.

Acting State Supreme Court Justice David Weinstein said the lawsuit was filed too late to be considered. The Albany-based judge never addressed Cruz’s citizenship status.

“In sum, despite the many arguments proffered by petitioners, none can get them around the immovable object standing in the way of this petition: their failure to have filed objections within the statutory deadline,” Weinstein wrote.

The lawsuit was filed last month by two New York voters -- William Gallo, of Manhasset, and Barry Korman, of Manhattan. They claimed Cruz should be ineligible for the presidency – a claimed echoed by GOP front-runner Donald Trump – because he was born in Canada. Cruz said he is a natural born citizen because his mother is American, a view most experts have backed.

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