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Ted Cruz can run in NY primary as top court denies appeal

Ted Cruz is pictured in a March 24,

Ted Cruz is pictured in a March 24, 2016 file photo making a stop at the Armory restaurant in downtown Janesville, Wis. Photo Credit: AP

ALBANY — New York’s highest court on Friday refused to consider the challenge to Republican presidential candidate Ted Cruz’s citizenship, allowing him to compete in the New York primary as he tries to surge against front-runner Donald Trump.

Without comment, the state Court of Appeals denied an appeal to a lower court’s decision won by the Texas senator. Trump had questioned Cruz’s citizenship, required to become president, in a televised debate.

Last month, a midlevel court rejected an attempt to disqualify Cruz from the April 19 state primary because he was born in Canada. The Appellate Division panel ruled 5-0 that the lawsuit was filed too late and never considered the claims against Cruz’s citizenship.

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 to become president because he was born in Canada.

Cruz said he is a natural-born citizen because his mother is American.

Cruz had filed petitions on Jan. 20 for the primary. Any challenge had to be filed within three days.

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