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Montgomery Blair Sibley v. Kristen Zebrowski Stavisky, New York State Board of Elections Co-Executive Director and Chief Election Official

Paid petition · Court of Appeals of New York, No. 2024-754 · judgment April 10, 2025


Certiorari denied · February 23, 2026
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

WHETHER, in this U.S. Constitution, Article II, §1, Clause 5 “natural born Citizen” challenge to the 2024 Democratic candidate for President of the United States, the New York Court of Appeals when finding that claim “moot” improperly ignored this Court's “capable of repetition, yet evading review” doctrine established in Moore v. Ogilvie, 394 U. S. 814 (1969). WHETHER, this Court will recognize this extraordinary and pressing constitutional question and promptly direct full judicial consideration by the lower courts to answer the question of who is an Article II, §1, Clause 5 “natural born Citizen” when to do so now will not vitiate a major party nomination for that office shortly before the next Presidential election?

Counsel of record

For petitioner
Montgomery Blair Sibley

For respondent
Barbara Dale Underwood
New York Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Jan 28 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Jan 22 2026
    Waiver of right of respondent Kristen Zebrowski Stavisky to respond filed.
  4. Nov 12 2025
    Petition for a writ of certiorari filed. (Response due January 21, 2026)