Darnell Jackson Sr. is officially out of the race to be Buffalo's next mayor.
Jackson and his lawyer, Robert M. Goldstein, appeared Thursday in State Supreme Court to withdraw a motion asking Justice John M. Curran to reconsider his decision to remove Jackson's name from Tuesday's primary ballot.
Jackson said he does not have enough money to continue the legal fight.
Curran earlier refused to overturn the Erie County Board of Elections' decision that Jackson's nominating petitions lacked the legally required 2,000 valid signatures of registered Democrats to stay on the primary ballot.
He also noted that the Jackson campaign had failed to purchase the required court papers and file them in the Erie County clerk's office prior to the court hearing last month.
Jackson, who had vowed a campaign to fight "for the little people and the average resident of the city" against the local political party machines, said he is now considering whether to endorse Democrat Byron W. Brown or Republican-Conservative Kevin J. Helfer in the mayoral race.
No matter how Curran would have ruled on Jackson's post-primary bid to get back on the ballot, the case would have gone to the state's higher courts as part of Jackson's attempt to nullify the results of Tuesday's Democratic Party primary.
Curran last month held that he could not rule on the merits of Jackson's suit against the Board of Elections because of the state's adoption 13 years ago of the federal court system's prepayment and filing mandates.
Curran said the state's high court has ruled such prepaid filings are "absolutely required" and cannot be waived.