Daily News from New York, New York • 65

3 5 I'- 7- St, 1 A 1 i 4l 'AP pss ugf 1 4 Hi iti i If MICHAEL UPACK DAILY NEWS Eludes rescue to leap 5 storie Man stands on fifth-floor fire escape (far left) at Jane St. near Greenwich Ave. today, clings to building, then plunges to street as cop moves through window too late to prevent leap. Tentatively identified as Gregory Morrison, in his 30s, he is removed on stretcher (above) to St. Vincent's Hospital where he was in critical condition in operating room.

He was carrying an outpatient card from Bellevue Hospital. By RANDY SMITH building just to the east of the-parking lot on a 5,000 square-foot site at 150 W. 57th Street, as part of the package. The term "air rights" refers to the right of the owner of any individual parcel of land to put up a building with a total floor area of up to 18 times the square footage of the site itself. An owners who hasn't exercised his full development rights to a given site can sell them to the owners of an adjacent site, who can then build a taller building.

Carnegie Hall, which ranges from seven to 16 stories, has "substantial air rights left over," Lawrence Goldman, director of real estate planning and development for Carnegie Hall said. Under the plan being discussed, the city would offer developers a chance to build on the parking lot and select a builder from those who respond. "What "we've done is try to work out a foundation for an arrangement where Carnegie Hall, through a developer, that will respect the architectural and musical integrity of Carnegie Hall. We need further definition of our own plans architecturally and we are awaiting various consultants' reports about the renovation the possible use of the land." THE CITY ACQUIRED the property in 1960 when the hall was threatened with demolition under the plans for construction of a 45-story office building. Tearing down the hall now is "absolutely not an option," Goldman said.

The nonprofit Carnegie Hall Corp. leases both the site and the building from the city under the current lease. Goldman declined to discuss what rent the corporation pays the city, but said "public services to handicapped groups" and "concerts in the boroughs" are also part of the deal. The building containing the Russian i Tea Room is owned by Mrs. Faith Stewart-Gordon.

could generate revenues both for the city and for Carnegie Hall," said Phil Aarons, president of the city's Public Development which is working on the project CITY OFFICIALS COULD presumably negotiate bigger payments in lieu of property taxes from the owner of a big office building, hotel or apartment house than they now get from the parking lot, now operated by the Kinney Corp. Goldman stressed that in no case would any new building extend above Carnegie Hall. If anything, he said the Carnegie Hall Corp. might want the hall to, expand its backstage space onto what is now the parking lot "We are in very preliminary discussions about the future of Carnegie Hall and its restoration. We were going to have a major public announcement about this in early December," Goldman said.

"We are trying to define a future Mayor Koch and Carnegie Hall Corp. president Isaac Stern have signed a letter of intent to explore selling air rights over the hall as part of a plan to interest private builders in developing a parking lot directly behind it. The plan is tied to a major renovation of the landmark concert hall, which celebrates its 90th anniversary next year, involving a possible $4.6 million federal grant and $5.5 million to be raised privately, city officials said. Under a 20-year lease expiring next June 30, New York City owns the landmark concert hall, its 27,500 square-foot site at Seventh Avenue between 56th and 57th and the 12,500 square-foot parking lot just to the east Carnegie Hall Corp. executives have also explored offering air rights to the Russian Tea Room, located in a small Top court rejects arguments for lifting laetriie ban By FRANK JACKMAN within the area of government interest in protecting public health." KENNETH COE, ATTORNEY FOR THOSE bringing suit said he will continue to seek hearings at the district court level to prove that laetriie is a safe method of treating cancer.

Today's ruling stems from a 1975 lawsuit filed by Glenn Rutherford, a 63-year-old cancer victim from Conway Springs, Kan. In other cases today, the Supreme Court: Let stand an Illinois court decision that denied a woman custody of her three young daughters because she shared her home with her boyfriend. Agreed to decide whether military retirement pay is subject to a state's community property laws in divorce cases. Said it would decide the scope of an individual's right to sue alleged water polluters. Refused to reinstate the 1977 murder conviction of Murray Gould, a New York City stockbroker accused in the stabbing deaths of Irving and Rhoda cr a that laetriie is worthless as a cancer fighter and has banned its interstate sale or distribution.

In 1979, the Supreme Court unanimously upheld the federal ban, but the decision left unanswered the question of whether terminal cancer victims had a right grounded in their right to privacy to use the substance. The 1979 ruing also failed to resolve whether laetriie was exempt from the Food; Drug and Cosmetic Act amendments of 1962, which require proof of safety and effectiveness beforfithe drug can be marketed. Supporters of laetriie contended that its safety and effectiveness had been proven before 1962, and thus the law did not apply. Last Feb. 19, the U.S.

Circuit Court of Appeals answered both questions in favor of the government, and it was that court's decision that was upheld today by the Supreme Court On the constitutional issue, the appeals court said, "The decison by the patient whether to have treatment or not is a protected right, but his selection of a particular treatment, or at least a medication, is Washington (News Bureau) Laetrile proponents lost out today when the Supreme Court turned away arguments that terminally ill cancer patients have a constitutional right to have access to the controversial substance. The justices, without comment, let stand a federal appeals court ruling that because no such right exists, the government is free to ban laetriie. Today's action was not a definitive ruling on laetriie, and it is possible though not probable that the high court could agree later to study the issue in depth. But for now, the practical effect is that cancer patients determined to gain access to laetriie without leaving the United States must do so illegally. Laetrile, also known as amygdalin, is made from apricot pits and other kernels.

Some doctors advocate use of the substance for cancer victims while others claim it is sheer quackery. THE FOOD AND DRUG Administration contends Pasternak, two former in-laws in Waterbury, Conn..