Casey Seiler is reporting at Capitol Confidential acting State Supreme Court Justice David Weinstein Mon., Mar. 7, dismissed a petition that would have removed Texas Senator Ted Cruz's name from the Republican presidential primary ballot in New York. The action was taken by two downstate men who argued that Cruz is not eligible for the ballot because, they claim, he is not a "natural born citizen" of the United States, a constitutional requirement for the presidency. The decision Monday did not address the meaning of Article 2 of the Constitution, which includes that phrase among the list or prerequisites for commanders-in-chief. The dismissal was based entirely the petitioners' failure to file the challenge on time. Attorney Roger Bernstein said his clients intend to appeal the decision. Read the full story at Capitol Confidential, a Times Union blog.