Kimberly Howard is reporting for CBS 6 in Albany a state Supreme Court judge is now considering a petition that would remove Texas Senator Ted Cruz's name from the Republican presidential primary ballot in New York. The arguments as to whether Cruz is eligible for the White House were held in Albany County Supreme Court Thu., Mar. 3. Two New York residents filed a lawsuit earlier this year, claiming Cruz is not eligible for the ballot because, they claim, he is not a "natural born citizen" of the United States, the constitutional requirement for the presidency. Cruz was born in Alberta, Canada, to a mother of American citizenship, making him an American citizen. But the two men filing the lawsuit say that is not enough to make Cruz a "natural born citizen." The plaintiffs, William Gallo and Barry Korman, cite a historical definition of the term from 1788 that says the law of soil determines citizenship and this, "did not include conferring citizenship born abroad of American parents." Gallo's attorney Roger Bernstein said Thursday, "Mr. Cruz was born as a Canadian citizen, he owed his allegiance to the Queen of England, he was not born in the United States, therefore he is not a natural-born citizen." For attorney Grant Lally, who is representing Cruz, it is not only the issue of Cruz's eligibility but the eligibility of a state court to make a decision on what he considers a federal matter. He is also calling into question the eligibility of the lawsuit in the first place. The judge will make that decision Mon., Mar. 7. A different judge dismissed a similar suit in Illinois this week. Read the full story in CBS 6 Albany.