Daily News from New York, New York • 232

DAILY. NEWS, SATURDAY, JULY 8, 1978 IPitqss hir Ml 1ml MamrSlm Mi State Attorney General John J. Degnan said yesterday that he would not appeal a Superior Court judge's ruling that the state must pay for welfare recipients' abortions deemed medically necessary. Louis Ravesoa, a lawyer for Essex-Newark Legal Services, said he was 1 a i i a 1 would have te pay for the procedure, Furman ruled. when Furman blocked the ban Monday on Medicaid-paid abortions, he said continued enforcement of the prohibition would cause "irreparable damage" to Medicaid-eligible women in New Jersey.

The judge cited state figures showing only 12 abortions a month recently were being paid by Medicaid, while the total was BOO monthly before the ban. Degnan said he expected to lose an appeal because it would be on the same grounds as the case of "E.M." The state's appeal in that case claimed the law was constitutional and changing it would prompt a barrage of lawsuits from women seeking Medicaid abortions. pieasea me state aeciaea not 10 appeal Furman's decision. "It shows their recognition that the. judge's order is solidly grounded on law," Raveson said.

Assistant Attorney General Michael Cole said he plans to spend the next month preparing a rebuttal to Essex-Newark Legal Services' planned challenge of the state ban on religious grounds. Attorneys from the legal-aid society have said the state's interest in promoting normal childbirth and protecting fetal life is founded on a religious viewpoint and violates constitutional guarantees of separation of church and state. Tbe state has decided instead to press for an early decision on the constitutionality of New Jersey's lft-month-old ban on, Medicaid-paid abortions not necessary to save a mother's life. "We frankly didn't think the appeal would be successful," Degnan said. Judge David D.

Furman issued the preliminary injunction -last Monday until a class-action suit filed by the Essex-Newark Legal Services Corp. is resolved. Yesterday the judge signed the order formalizing his oral ruling. The suit contends the state law violates ppor women's constitutional rights and conflicts with federal Medicaid laws. Furman's order permits victims of rape or incest and women whose doctors feel the abortions are "medically necessary to have Medicaid pay for the procedures.

WrtU More Than 1W The ruling stemmed from a suit filed on behalf of a 24-year-old Newark welfare mother identified as who feared she was carrying a deformed child. Furman ruled earlier that the state had to pay for her abortion. An Appellate Division judge and the State Supreme Court subsequently refused to overturn the decision. Physical damage and hazard to the woman outweighed the $180 the state city Adopts Sin Perish On Crashes, ouse IFire mm mmmm mm mmm a Jk JF At liS ijL tAS t' 1 Press Law, Hutt (Barely The beach town of Wildwood has a new dress code for its Boardwalk and streets no bare chests for men and no bikinis for women. But everyone.

Including officials, apparently is ignoring the new ordinance. More than a week after the code went into effect, the number of arrests stands at zero, even though men without shirts and women in bikinis still stroll on the Boardwalk by the scores. Mayor Guy F. Muziani says publicity about the ordinance has produced seven favorable letters from vacationers who said they welcomed the code and "the stand for decency." Followed at Night But when asked about the apparent dress code violations during the heat of the afternoon, Muziani replied, "At night? Do you see them at night?" Before the ordinance went into effect, Muziani said, "It's at night that I'm mostly concerned about, when families are dressed up and walking on the streets and The Boardwalk." Under the new ordinance, women on public streets must be covered from the neck to a point 10 inches above the knee. ACLU Challenge Muziani says everyone is obeying the ordinance, at least at night.

But many residents say the cool weather in the evening has kept bare chests to a minimum anyway. Meanwhile, the American Civil Liberties Union is waiting to challenge Associated Press photo xne barechested style on Boardwalk in ildwood. to disappear with bikinis. A 3-month-old boy, his mother and uncle were killed and two other children were injured when the car in which they were riding careened out of control on Route 130 south- of the Camden Airport Circle yesterday and slammed into a utility pole. The three were among six people to die in New Jersey yesterday in two motor vehicle accidents and a fire.

Killed in the Camden accident was Ann Beverly Gilbert, 19, -of Cermen St, Camden, her son, Christopher, and her brother-in-law. Angel Rokian, 31, of Woodland Ava, Collingswood The injured children were identified as John Torez, 3, and Christina Perez, 2, also children of the Gilbert woman. Investigators said there were no witnesses to the accident, which occurred at 1:30 a.m. Bied at Hospitals Roldan and the infant were pronounced dead at Our Lady of Lourdes Hospital. Gilbert was declared dead at Cooper Medical Center.

John Torez was taken to Jefferson Hospital in Philadelphia, where he is in serious condition with part of a hand and arm severed. His sister was treated for minor injuries at Our Lady of Lourdes Hospital and released. A similar accident in Brick Township claimed the life of William Blackburn, 21, of California Bricktown. Police said Blackburn was headed west on Herbertsville Road about 1:30 a.m. when he failed to negotiate a curve, jumped a curb and swerved through the parking lot of the Herbertsville Fire Department.

The car came to a stop after shearing a utility pole and smashing a fire department sign. Downed lines from the pole blocked the roadway and cut off power to nearby homes. Blackburn was pronounced dead at Point Pleasant Hospital. A fire that erupted in a basement apartment of a rundown buildjng in New Brunswick killed two elderly persons who were sharing the apartment with the building's owner, city fire officials said. Fire Chief Leo Harkins said the owner of the building at 185 Hale St, Henrietta Armstead, had been cited for fire violations.

Killed in tbe blaze, which began shortly after 4 a.m., were Edna May Williams and Clarence White, both in their 60s. The upper floor of the VA -story building was unoccupied, Markins said, and the fire spread rapidly up the walls to the attic. the dress code. The problem. ACLU officials say, is that they need a test case before they can go to court.

ACLU officials have asked to hear from the first person arrested day or night so the group's lawyers can seek an injunction against the ordinance. ACLU Local Director Jack Barense said that if the issue isn't tested in court, "police officers can from time to time selectively hassle people. It will drag on." Barense believes city officials are afraid to enforce the ordinance and win probably, ignore it. "If I called Muziani and asked him to meet me on The Boardwalk to judge whether my bikini bathing suit met his standards, he probably just wouldn't show up," Barense said. 'SB wiry' is For ithe Birds1, bridge's administrative office in Fort Lee.

Contact Construction Firm Complaining drivers also have been told to contact the Karl Koch Erecting Company of Carteret, the firm doing the work. Claims for car repairs or cleaning have been processed by Koch's insurance firm, the PA spokesman said. The $37 million upper-level bridge repair should be finished before winter. The two-year project had been delayed because work is done outside rush hours between 9 p.m. and 6 a.m.

The saws are lubricated with a water spray, and when it combines with concrete dust it makes for the sloppy substance that has been splashing cars below. Wooden Scaffolding A spokesman for the Pbrt Authority said that although workmen have erected wooden scaffolding beneath the upper deck, some of the "slurry" drips through. "We've had a few complaints from drivers," the spokesman said. Complaints have been taken at the Port Authority police desk at the By EDWARD NORTON Some New Jersey-bound drivers on the lower level of the George Washington Bridge have baen getting splattery surprises on their cars these nights. The drippings are for the birds, but for once feathered flyers are not responsible.

The cause for driver dismay, is droppings from the bridge's upper levelwhere workmen are cutting up portions of the original roadbed with power saws. 5 jr.