• New York Daily News, Thursday, November 29, 2007 11:15 AM

Rudy Giuliani is in dutch with some workers at Hale House, a home for kids of jailed or drug-addicted mothers for using a photo of kids and caregivers in a new TV ad without their permission. And at least one of them wants out of the spot. Hale House child-care worker Marisol Molina and others from Hale House -- including children -- appear briefly in a photo montage aimed at highlighting Giuliani's career as a federal prosecutor and mayor.

Giuliani often went to Hale House at Christmas to read stories to the tots, giving himp rime photo ops. But using the image in a presidential TV spot without getting permission may have been a rookie mistake as campaigns typically get signed waivers from people in their TV ads. Molina says she agreed to the holiday photo op with Giuliani when he came to the home in 2005, but without asking her or others in the pic, Hale House gave Giuliani permission to use the picture on its Web site.

As for the campaign, spokesman Anthony Carbonetti says he will deal with Molina privately and will make the decision about pulling the ad after speaking to her.

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