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  5. 16 N.Y.2d 639 (1965)
 

MATTER OF CARDONA v. POWER

16 N.Y.2d 639 (1965)

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.

Court of Appeals of the State of New York.

Decided May 27, 1965.

Attorney(s) appearing for the Case

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 curiae.

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.

Order affirmed, without costs. (See Matter of Camacho v. Doe, 7 N.Y.2d 762.)

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...

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