Asbury Park Press from Asbury Park, New Jersey • Page 1

Monmouth County Edition -m TRENTON Aio- Tho shadow knows Groundhog watchers have their day in the sun. PanoramaC7 Proxy showdown NUI Corp. fails to halt stockholder meeting. BusinossD1 Service switch City, county prepare health care transition. MonmouthCI says he and his for- rmer wife Andrea received a no-fault cH- He sars th iWrini.

I 1 v.T 8 oopenor Thomas I'm Press on Thursday, was Incorrect. Park Press AS BUMF Since 1879 Thursday, February 2, 1984. Store Price 25 Cents Coort suspends Yaccarino Jrodlg Iimwwi iJMHM. 'WML Tgw mill I 1 A seventh complaint against Yaccarino Investigated by the committee was not included in the court's action because it is still being reviewed by a state administrative agency. However, sources said the complaint, pending before the state Division of Alcoholic Beverage Control, accuses Yaccarino of having a hidden interest in two taverns, the Montego Bay in Belmar and the Green Parrot in Neptune.

State law prohibits Superior Court judges from holding or having an interest in a liquor license. Of the six complaints in the presentments, four recommend that Yaccarino be removed from the bench and two that he be publicly reprimanded. Pending the outcome of disciplinary hearings, Yaccarino was relieved of his duties. The hearings will be conducted by a special three-judge panel appointed by the Supreme Court. Named to serve on the panel were Appellate Court Judge Herman D.

Michels, who will preside, and Superior Court See COURT SUSPENDS, page A2 By BOB DE SANDO Press State House Bureau TRENTON The state Supreme Court has temporarily relieved Superior Court Judge Thomas L. Yaccarino of his judicial duties and accused him of masterminding a plot to destroy evidence that could have been used against him. The judge also was accused in six complaints filed by the court yesterday of scheming to get a potential witness to perjure himself, violating judicial ethics, abusing his office to protect his daughter and harassing defendants as well as lawyers who appear before him. Yaccarino said yesterday he is not guilty of wrongdoing and expects to be exonerated at the disciplinary hearing to be scheduled on the accusations. "I'm still confident I will be exonerated and I'm confident I will be able to retire (for disability) without this cloud after the hearing," he said.

This is only the second time the state's highest court has filed a complaint against a Superior Court judge in a bid to have him removed permanently from the bench. The Supreme Court took the unusual Tim McCarthy Asbury Park Press The iceman cometh JUDGE THOMAS L. YACCARINO "I will be exonerated." step after reviewing misconduct charges contained in three presentments issued by its Advisory Committee on Judicial 1 Richard Cobb, Essex, is dressed for warmth and safety during ice boat practice off Trixie's Landing, Berkeley Township. Cobb is warming up for North American Ice Boat Championships in Detriot this weekend. TP JtS udget could force $925.5 Other $122.8 President pledges deficit plan by '85 $853.8 I I N.J.

transit boosts The Federal Budget All Figures in Billions mamesBsmi Foreign Aid: i 1 $15.2 Defense $264.4 Domestic '7" vV'-'- 1 Programs tfyV. i 5523,1 g-j rimv. I irr fit I ing the state's elementary and secondary schools more leeway in establishing special programs and improving some faculties, according to projections by the state's office here. On preliminary inspection, state officials saw the budget as a mixed bag, with the increased education aid the biggest surprise. The proposed cut in mass transit operating aid was less of a shock.

President Reagan has tried without success to phase out mass transit operating funds in each of his previous budgets. Similarly, the elimination of two energy conservation programs that would result in a $1 million, or one-third, cut in the state energy department's budget has been proposed by the president and turned down by Congress in the past. The largest increase in the federal budget is in defense spending, and some of the bounty should fall into New Jersey's lap. The budget calls for $49 million in military construction projects for the state, al- See FEDERAL BUDGET, page A8 vowed as a candidate to balance the budget by 1983. "I am committed to finding ways to reduce further the growth of spending and to put the budget on a path that will lead to a balance between outlays and receipts," he said today.

"In 1985 I will submit a budget that can achieve this goal." Reagan said the budget he proposed last year including a standby tax increase he backed away from this year would have reduced the deficit to less than 2 percent of the nation's economic output by 1988 and would have put the government "on its way to a balance of revenues and outlays." But he added, "The unwillingness of the Congress to accept the proposals that I offered has made it clear to me that we must wait until after this year's election to enact spending reductions coupled with tax simplification that will eventually eliminate our budget deficit." He gave no details other than to say, as he has before, that he has asked the Treasury Department to recommend ways "to make our tax system fairer, simpler By ROBIN GOLDSTEIN Press Washington Bureau WASHINGTON New Jersey could face a $19 million loss in mass transit aid and fare increases in its public transportation system under the $925.5 billion budget proposed by President Reagan yesterday. The transit aid would drop from $44 million to $25 million if Congress goes along with the president's budget plan. Gov. Kean promised to challenge the proposed cutback. "There's no way we could sustain a cut of that size without having increased transit fares.

We'll fight it, frankly," Kean said in Trenton. Rep. James J. Howard, chairman of the House Public Works and Transportation Committee, promised to contest the cutback in transit operating funds in Congress. The budget holds better news for the state's schools: an increase of almost 50 percent in education block grants.

New Jersey's block grant would increase from $13 million to $19 million, giv The Associated Press WASHINGTON President Reagan, decrying the huge deficits in his own new budget, promised today to submit a plan to eventually dry up every drop of red ink. But he said he won't do it till next year after November's elections. Submitting such a plan in this election year wouldn't do any good, he said. noted that he has already asked Congress to work with his administration toward $100 billion in still-unspecified deficit reductions over the next three years. But even assuming the effort bears fruit, "the deficits projected for fiscal 1986 and beyond are totally unacceptable to me," he said.

One day earlier, Reagan had sent Congress his budget message for fiscal 1985, including projections the government would outspend its income by about $180 billion a year through 1987. The deficit would still be over $120 billion by the time he left office in 1989 if he won a second term a painful forecast for a president who had 1S84 985 Fiscal Year. Fiscal Year Van PeltAsbury Park Press and less of a burden on our nation's econo- trims in social programs and the president my." unwilling to increase revenue by raising Most observers agree with Reagan that texes 8aUy scale down his plans for more military spending. there will be little deficit cutting this year, with Congress unwilling to accept new See PRESIDENT PLEDGES, page A9 Fired principal9 review try rejected; case spurs probe call Tots suffocated in refrigerator that locked shut see anywhere that Capalbo was ever truly evaluated. "I think we have gaping holes in our Capalbo's lawyer, Michael D.

Schott-land, said his client intends to take the "whole appeal route." The board's denial of the clarification motion "just made things simpler for us," Schottland said. In response to Mrs. Dillman's call for 1 evaluation system that need to be corrected." Board President S. David Brandt told Mrs. Dillman to organize a study committee.

The board will discuss the By COLEEN DEE BERRY Press State House Bureau TRENTON The case of former Keansburg school principal Samuel Capal-bo, who was fired after a sexual harassment hearing, has spurred one state Board of Education member to call for an investigation on how principals are evaluated. Board member Anne Dillman volunteered to organize the study committee after the board yesterday voted to deny Capalbo's request to clarify his dismissal as principal. Capalbo asked the board whether his dismissal barred him from holding any post in the Keansburg school district. "It would be ridiculous for the commissioner to list each position previously held by Mr. Capalbo and say he was unfit to hold that position," said John Klagholz, a member of the state board's legal committee.

Capalbo's dismissal as "unfit," after a hearing before an administrative law judge, was upheld by state Commissioner of Education Saul Cooperman. The discussion of the Capalbo case prompted Mrs. Dillman to note: "I don't l-v. By BONNIE ZUKOFSKI Press Staff Writer BERKELEY TOWNSHIP Two children, missing six hours before their bodies were found in an unused refrigerator in the cellar of a hardware store, suffocated in the refrigerator, which locked when shut. Shena Lidia Hans, 4, and William O'Beirne, 3, died from asphyxia due to oxygen deprivation, a spokeswoman for Dr.

Walter E. Corrigan, Ocean County medical examiner, said yesterday. The children were found Tuesday night by Patrolman Willis VanGorter and their mothers, in the basement of the Bayville Hardware store, less than 100 feet from their home at 527 Route 9. Detective David Hardie, an investigating officer, said police don't suspect foul play. children were last seen about 11 a.m.

Tuesday and were reported missing by their mothers at 2:30 p.m., police said. Police then began coordinating an air, water and land search involving nearly 200 volunteers. i The hardware store, also known as Roe's Hardware, was inspected four times during the search. But the room where the children were found was not opened until a fifth inspection about 8:55 p.m. 'Tte room was not examined earlier because it was locked and searchers believed the children, who stood under 3 feet, could not have entered it, police said.

See pLD REFRIGERATOR, page A9 an investigation into principal evaluation, Schottland said Capalbo has been treated unfairly by state officials. "They have shown an utter lack of understanding for the First Amendment, and a complete lack of tolerance for a free spirit," Schottland said. "If they want stereotype principals, then that's what they're going to get," he said. That is not to say, Schottland added, that some of the remarks attributed to Capalbo were permissible. "Some of the remarks were too far off color.

Sam knows that. He knows he vent too far with some remarks," Schottland said. "But they're not worth his job." The hearings incorporated a wid range of statements made by Capalbo coo-cerning Jews, special education students See FIRED PRINCIPAL'S, page A20 committee's mission CAPALBO at its March meeting, he added. Capalbo was fired as a principal in the Keansburg school district after the administrative law judge ruled last July that he was "unfit for the position of principal or for any position in the public schools." He was charged with conduct unbecoming a professional, sexual harassment, making anti-Semitic remarks in public and touching female teachers. Cooperman upheld the administrative law judge's ruling in November.

The state board gave Capalbo a timetable for appeal, warning that the state "will not tolerate any further delay of the case." Tim McCarthy Asbury Park Press Berkeley Township Detective David Hardie examines refrigerator in which two children were found dead. City light $100 BreokDante Win $100 Tonightlll Fri-The Incredible Breakenl 721-5880. Thurs. Big Danny the Boppen at Cheeit-229-7430 Headliner T-Birdt Till 3am 775-6200 Weekend 'Fresh' Sun. No cover.

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