MATTER OF CARDONA v. POWER

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.