ALBANY, N.Y. (AP) — A New York state senator from Brooklyn has lost a bid to knock his primary foe off the ballot on the ground that she hasn't lived in the district long enough.

The state Court of Appeals on Wednesday rejected a motion by Democrat Martin Dilan to appeal last week's Appellate Division ruling on opponent Julia Salazar's residency.

A lower court ruled earlier that Salazar met the state requirement of five consecutive years of residency for candidates.

The decision by the Court of Appeals not to hear Dilan's appeal means that Salazar will face Dilan in the Sept. 13 primary.

Salazar attorney Renee Paradis called Dilan's lawsuit "frivolous."

Dilan spokesman Bob Liff said the campaign looks forward to "the voters' final decision" on who should represent them.