Daily News from New York, New York • 7

DAILY NEWS, WEDNESDAY JULY 16, 1975 ML 7 aiuer frank' -as Alb Carts, fn fun i TTT- 1 xt-it to By JOHN LEWIS New legislation will be introduced in the City Council in September to take street peddling out of the jurisdiction of the Department of Consumer Affairs and place it under the control of the Department of Health, the mayor's office announced yesterday. Included in the legislation will be a provision to confiscate carts of "peddlers who are licensed peddlers who operate in restricted areas. 1 IVte' not licensed ana to tow away At the same time, Sidney Baumgartenr, an assistants to the mayor, announced a further crackdown on street peddlers selling in the midtown area. There are 13,000 sidewalk vendors in New York City, 2,000 of them licensed. Baumgarten said the new crackdown will be aimed at peddlers operating in the Midtown South Precinct, an area bounded by 29th to 45th from Lex ington to Ninth Aves.

He said police will run computer checks on the worst peddler scofflaw within the next two weeks and the -biggest offenders will be brought into court. A similar crackdown was carried out in the Midtown North Precinct recently, where it was found that 15 peddlers had compiled 24,000 unanswered summonses. Warrants were issued for seven of the offenders and the rest have since disaD- and tre rest have since disappeared from the streets. Franchise System "The street peddlers have been a perplexing problem for- a long time," Baumgarten said. "Some people want them because they are a convenience and cheap, but tne snopkeeper who navs rent and taxes views them as a threat." The city does not want to eliminate the peddlers altogeth er, ne said, and a long-ransre downs it is almost Impossible to control the He said that many of them receive several fines a day ranging from to $5, which they consider as part of their rent.

Basini said that the unlicensed majority of peddlers doesn't pay sales or income taxes and are a nuisance to pedestrians by working intersections. He said that many of them are illegal aliens. No Recourse "If a person gets sick from eating a bad hot dog from a street vendor, he has no recourse," he said. "If you could see the unsanitary conditions at some of the distribution centers, where pretzels lying on the floor with roaches and mice running around are shoveled into bags, yon would never buy from a street vendor." Morris Horn, an official of Local 627 of the Provision Salesmen and Distributors Union, said that if the vendors are driven out of business it would put to 20,000 persons out of work in the city. Horn, whose union about 1,000 of the 2,500 frankfurter vendors, said a meeting of the frankfurter men will be called soon to discuss the problem.

He said that the union will work with the city to see that all the frankfurter men get permits and comply with health regulations. News photo by Frank Castoral Michael Gammerman, a Department of Highways employe, studies the J20-foot-long hole at Broadway and Ninth in upper Manhattan. Street Going to Pot Puts Ms Biz in Mole A month ago, Alvin Bender, the operator of an auto salvage shop in the Spuyten Duyvil area of northern Manhattan, noticed that a small hole in the street outside his place was getting Day by day, with no coaxing and only an occasional rain shower, a little hole was blossoming into a 20-foot canyon in the middle of New York. Being a good citizen and worrying a little about his business Bender made a number of phone calls to city officials to have the hole filled. For four weeks, Bender said, he got the old buck passing treatment from the city.

Yesterday, after the heavens had been falling for days, the soil was almost completely washed away from under the pavement. The hole, which had been little more than a pothole to begin with, was now 20 feet long, 10 feet wide and several feet deep. And it promised to get worse. An even larger section of the street, at Broadway and Ninth where the soil had also been washed away, also was threatening to cave in. Bender said that the more he complained, the more city officials shrugged him to this guy, speak to that guy is all they told me," he said.

Car Crashed Into It "A couple of weeks ago, a guy driving his car couldn't stop in time. He crashed into the hole," Bender said. "It took him several hours to get out, and afterward, the police, came around and put up barricades around the "The bigger the hole got, the more barricades they put up, but nobody bothered to fill it in," Bender shrugged. Yesterday, a truck from the Department of Highways arrived at the scene, and a workman who surveyed the damage said it would take a couple of tons of dirt to fill in the hole. Asked why the job hadn't been done sooner, when the hole was much smaller, the workman responded: "We have only three workmen covering all of upper Manhattan, ajid we have had cave-ins all over.

We just finished one before we came here. The city has cut back on the number of workers. What are you gonna do?" John Lewis Much-Belayed Se ton Park Huns Into Yet Another Hearing Off OnVfflart! A public -hearing before the Board of Standards and Appeals on a plan by the Archdiocese of New York to lease the historic Villard Houses Madison Ave. and 50 th to real estate mogul Harry. Helmsley for a 52-story office-and-hotel tower was postponed yesterday to Sept.

18. The church is seeking a variance. Some 20 persons showed up prepared to protest the plan, largely to protect the Gold Room, a magnif iciently decorated room that features elabor-. ate frescoes and gold ceilings. Conservationists and key members of the local planning' boards want the room saved.

It was brought out that advertisements by the church announcing yesterday's hearing were defective. plan is being worked out with the Bureau of Franchises to see if it is possible to give vendors specific locations for which they would pay a franchise fee to the city. The more lucrative the location, the higher the fee. Jlichard Basini, director of theater district planning for the Mayor's Midtown Planina- Of- fice, said that despite the crack- Jf Cc LCX XXiX black-topped and fenced in five tennis courts on the grounds," Gross said. "Then they moved off to work on another section without putting up the tennis nets.

This would have only taken a few more hours' work," Gross charged. "We have a lot of tennis buffs in the neighborhood who now have no 'love' at all for the Parks Department," he added. Gross also said that the baseball field and a children's playground are also unfinished. The park is situated between 232d and 235th Sts. from Independence to Palisades and would service an estimated people in the Riverdale section of the borough.

City Granted 1.5M In 1973 the city granted $1.5 million for its construction which was scheduled to be completed for the 1974 summer season. However, the contractor unexpectedly ran into underground rock ledges in many areas of the park. This slowed down the work and raised the estimated cost by an additional $500,000. Work was stopped in the fall of '74. Members of the "planning board then managed to get the city to borrow the extra moneyJ from a planning and restoration fund slated for Van Cortlandt Park.

Shortly afterward an inquiry into the reasons for the cost overrun and delays surrounding By JAMES DUDDY The long awaited opening of Seton Park in the Bronx, which should have been thlS summer'. been delayed, this time until early fall, a PaS I Hospital Reprieve The Health and Hospitals Corp. yesterday was enjoined from closing Francis Delafield Hospital in Washington Heights pending a public hearing. Manhattan Supreme Court Justice Thomas J. Hughes ruled that the hearing is necessary under the City Charter since "the closing of a hospital has an effect on the community." A- public hearing is scheduled for 10 a.m.

today in the offices of the Health Services Administration, 125 Worth St. the construction was launched by we city department of Investigation. That investigation is reported to be about finished, according to a spokesman for that agency. "We finally got some money released because when the investigation began, all funds were frozen," Gross said. "But that was just about two months ago and although some work is being done jiow, it is hardly enough.

Flooding Is Problem Little League clubs are supposed to use the park along with children from nearby Junior High School 141. Gross noted that flooding after heavy rains is another problem. Snag 2 Guilty in Credit Card fiflail Syp By MARCIA KRAMER A bogus film processing operation in which 12,000 credit card holders across the country were bilked of $120,000 led to the conviction in Brooklyn Federal Court yesterday of two men on 50 counts of mail fraud. It was the first court action brought by U.S. Attorney David G.

Tragers' newly formed consumer frauds bureau. 1 fcwivvoiiian saiu "The idea for this trk has been kicking around for the last years," said Dan Gross, chairman of the Parks' Committee of Community Planning- Board 14. 1973. the citv eave its approval and funds were allocated. But at this date, it might taken another 15 vears to eet thp job done.

About a- month ago, workers from the accounts "all but a mominal sum of moneys" on a day-to-dav-basis. 120G Obtained The $120,000 was obtained from Sept. 24 to Oct. 18, 1973 through accounts in the Chase Manhattan Bank, First National City Bank and the National Bank of North America, the prosecutor explained The delense lawyers argued that the film processing offer was real and had been advertised nationwide. Friedman introduced evidence, however, to show that advertisements appeared in only four newspapers, and were placed the swindle took place "as a cover." The jury of eight women and four men deliberated for two hours before returning a guilty verdict against Dominick Seminara, 36, of 245 Dolphin Drive, Woodmere, and Stephen Lent, 48, of 2 The Commons, Cold Spring Harbor.

According to Assistant U.S. Attorney Harold J. Friedman, the pair billed thousands of BankAmerica and Master Charge cardholders for film processing services they never ordered. As part of the scheme, the cardholders were sent prepaid processing mailers from a Rockvtlle Centre photo development firm. The cardholders were never asked if they wanted the mail ers, nor told that their accounts were simultaneously billed $9.95 for them, Friedman said.

The prosecutor identified Lent as the president and Seminara as the treasurer of Foto Factory 240 Maple Rockville Centre. During the course of the three-week trial before District Judge John R. Bartels, Friedman 'explained the details of the fraud. Firsts the defendants mailed the film processing envelopes to cardholders, then deposited credit-card sales slips into three Foto Factory bank accounts maintained specifically for mail order sales. As the next step, the pair, reportedly withdrew.