
    In the Matter of Martha Cardona, Appellant, v. James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents, and Louis J. Lefkowitz, as Attorney-General, Intervenor-Respondent.
    Argued May 17, 1965;
    decided May 27, 1965.
    
      
      Paul O’Dwyer and W. Bernard Richland for appellant.
    
      Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, George C. Mantzoros and Barry J. Lipson of counsel), in his statutory capacity under section 71 of the Executive Law, intervenor-respondent.
    No appearance for remaining respondents.
    
      Donald S. Engel for American Jewish Congress, amicus curiœ.
    
   Order affirmed, without costs. (See Matter of Camacho v. Doe, 7 N Y 2d 762.)

Concur: Judges Dye, Van Voorhis, Scileppi and Bergan. Chief Judge Desmond dissents and votes to reverse in the following memorandum in which Judges Fuld and Burke concur.

Chief Judge Desmond (dissenting).

I dissent and vote to reverse and to grant the prayer of the petition. Denial of voting rights to this competent, intelligent and reasonably well-educated and informed native-born American citizen, simply because she is unable to meet New York State’s literacy-in-English requirements, is unreasonable and unconstitutionally discriminatory particularly since, by reason of the effective date of the literacy amendment to section 1 of article II of the State Constitution and the exceptions in section 168 of the Election Law, many persons are allowed to vote regardless of literacy.

Order affirmed.  