Daily News from New York, New York • 264

DAILY NEWS. FRIDAY, JULY 13, 1979 2 C5 Firms fa i spill irmt 1 rtrasnypix simuld the canam. or pose to i properly so that it blows away or is scattered by scavengers." Adding to the problem, said Mort Berkowitz, of the Citizens Committee for New York City, is that many businesses "don't even hire private carters, they just sponge off those who do." The law requires each private busi- BE AH APPLE POLISHER Mary DiBlucOailv News By BRIAN KATES Most of the garbage that litters our city's streets and sidewalks comes from restaurants and other commercial businesses, which generate about 14,000 tons of refuse every day. Private carting companies licensed by the Department of Consumer Affairs to pick up commercial refuse generally are blamed for the problem. But are they at fault? The Department of Sanitation thinks not at least not exclusively.

Biggest problem "The biggest problem is with the merchants and restaurateurs a department spokesman said. "They don't package their garbage properly and it builds up and spills out into the streets." Working with the privately funded "I Love a Clean New York," the department has assigned photographers to photograph garbage spillovers at various hours and locations to determine who is responsible. "We're taking pictures at 7 p.m. and 11 p.m. after most stores and restaurants are closed and then again at 7 a.m.

to determine whether it's being picked up," the spokesman said. Garbage blows away "Although we've just begun the project," he added, "our preliminary findings are that the carters are doing their jos, but that the garbage is not Not even his toes are barking It's a lazy afternoon on the promenade at Carl Schurz Park, just right for a snooze. Yesterday's temperature was in the 80s with the sun obscured by clouds. Weatherman says we're due for more of the same today: alternating sunshine and clouds and a high in the mid 80s. ore gasoline; Cite gets ness to hire a carter.

But Berkowitz said the law is not enforced so that "perhaps as many as a quarter of the businesses just put their garbage out every day next to the refuse of a firm that does use a carter." Decal idea died The carters, he said, eventually figure out that the garbage is not from one of their accounts and stop picking it up. A proposal that would have required each business in the city to display a decal indicating which carter it uses "never got off the ground," Berkowitz said. Industry sources said there is a longstanding tradition of carting companies picking up the tab for their clients fines. ersey gets strike threat By STEVE LAWRENCE New York State's energy commissioner released more emergency gas yesterday to ease the crunch in the city, and the Auto Club of New York predicted that this will be the best weekend yet for gas-hunting But at the same time, New Jersy dealers threatened to close half of that state's gas stations starting today. And a new five-borough study by the 1 City Department of Consumer Affairs stictlsc a1 that VtA trtraA.iiral.Afrl Jiolf.

I want to help clean up New York! Please psss my name along to my community board. NAME more gasoline available to avert possible end of the month shortages," Larocca said. New Jersey's Gasoline Retailers Association said it would close up to half that state's service stations indefinitely, beginning today, to protest federal gasoline allocation rules. The New Jersey dealer's made a similar threat at the beginning of the month and abandoned it at the last minute. But some action seemed all but certain, since dealers in Pennsylvania and Delaware have promised a similar shutdown.

Talks in Washington to head off that strike broke down late yesterday. The Pennsylvania Delaware Independent Service Station Dealers Association was negotiating for changes in the federal allocation formulas. New Jersey officials were trying to see if court action and a threat to cut off all gasoline deliveries to closed stations for the rest of July could avoid a widespread shutdown in that state. ADDRESS. -gallon pricing rule has caused an increase in price gouging by city gasoline dealers.

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We'll see that it's turned over to your local community board, many of which are mobilizing volunteers to clean up the grass roots level. ed an additional 7.5 million gallons of the state's emergency set-aside fuel to the 10-county, odd-even area. Seek federal J-charge for freed rapist means me siaie nas poureu into mis an estimated 20 million gallons of its 23.8-million-gallon July setaside. Seeks fed help Larocca also fired off a telegram to the U.S. Department of Energy, asking deliver state-ordered gallonage as required by law.

There have been reports that some companies have been slow to -deliver gasoline under the federally -mandated state set-aside program. The state can redirect up to 5 of any company's monthly allocations, for emergencies. "The companies withholding these supplies are just confirming the wide-" spread view that the serious situation Vtnm in roTt Koaii i coH hv iriHiictrv asked his staff to distribute copies of this week's Court of Appeals decision "to every trial judge in the state in the hopes that action will help prevent similar situations in the future," according to Harold Wolf, spokesman for the Office of Court Administration. Double-jeopardy rights In its decision, the court overturned Michael's conviction after rebuking Manhattan Supreme Court Justice Arnold Fraiman for declaring a mistrial in the first trial because of his vacation plans. Michael was subsequently retried and found guilty, but the court ruled that the retrial violated his constitutional rights against double jeopardy.

Judge Fraiman, who is still on the bench, declared a mistrial in a 1971 robbery case also because he was leaving for a European vacation. 'Whether or not Judge Fraiman's conduct of the trials in question constituted judicial misconduct is a matter that can only be determined by the constitutionally independent New York State Commission on Judical Conduct." Evans said through his spokesman. A commission official declined to By ROBERT CRANE and NEAL HIRSCHFELD The Manhattan district attorney's office has asked federal prosecutors to indict the convicted robber-rapist who was released from prison earlier this week because the judge in the case had" earlier improperly declared a mistrial in order to go on vacation, the Daily News learned yesterday. In an effort to put the defendant, Eric Michael, back behind bars, staffs of District Attorney Robert Morgenthau and U.S. Attorney Robert Fiske Jr.

are exploring whether Michael who cannot be retried on state charges can instead be prosecuted for civil rights violations -or other federal crimes. In 1975, Michael was convicted of robbery, rape, sodomy and burglary in an attack on a young-woman in what Morgenthau has described as "one of the most vicious crimes prosecuted by our office in years." In another development. State Administrative. Judge Herbert Evans comment specifically on whether an investigation would be launched except to say that, "matters pertaining to judicial conduct that appear in the press are brought to the commission's attention." I'p to 10 years Federal civil rights statutes make it a crime for two or more persons to conspire to violate the exercise of rights guaranteed by the Constitution. Conviction carries a penalty of up to 10 years and or a S10.000 fine.

Sources in the Manhattan district attorney's office said that federal prosecution offered the last recourse for holding Michael responsible for his deeds. Earlier yesterday, the district attorney's office was exploring the possibility of seeking to deport Michael to his native Haiti, where he was born in 1954. However, after discussions with local immigration officials, it was learned that Michael had come to the United States in 1970. has the status of a permanent resident alien and could have been deported only if his, conviction, had not been t. HCLO lit pail w.ia vumu wj iituuu manipulation," Larocca said.

The companies are legally obliged to deliver this gasoline, and they will be made to do it. With or without these emergency deliveries, lines were few and short at area service stations yesterday. The Auto Club said 857c of the stations are expected to be open at least part of tomorrow, and perhaps 4Uvo on aunaay. 'T the oil cnmnanies have reallv been slow delivering their shares of the state set-aside, that's Just -that much.