Narrative:

Took radar on aircraft X from liberty south; climbing to 17000; direct white. Soon after I took the aircraft; I saw a mode C intruder about 8 miles off to the west of him; moving eastbound fast and climbing. The mode C intruder was probably around 15000 and climbing while aircraft X was at 16000 climbing to 17000. Liberty south controller switched aircraft X to me. The targets appeared like they were going to merge and I had to assume the mode C intruder was going to climb; I had no information about him other than what I saw. I immediately climbed aircraft X into ZNY sector 56's airspace without making a point out. The mode C intruder indeed did cross aircraft X's path and climbed as high as 17600 at one point. I believe they would have merged. I believe that fatigue is likely to have been a factor in this incident. I know that I have been working very long hours and today is my 6th day of the week (overtime). I can imagine that the controllers around me feel the same. Furthermore; I have heard that ZNY management has been looking at the use of sick leave during the ongoing government shutdown in an effort to penalize controllers who are taking furlough leave. I do not know if this is true; but this is what I have [heard] and I know that it scares me. I believe that it has probably scared other controllers into coming into work when they might not be able to perform to the best of their ability. This incident has definitely been an eye-opener for me to be extra cautious when controllers are being stretched thin. I don't think that liberty south should have switched the aircraft without calling traffic or resolving the conflict. I do not know if they were talking to the mode C intruder but they must have seen him. Also if I had caught the mode C intruder sooner; I would have been able to complete a point out to 56 before climbing my traffic. As it was; I think that the airspace violation with sector 56 was unavoidable in order to keep aircraft X safe.

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Original NASA ASRS Text

Title: ZNY Controller reported an airborne conflict which was avoided by climbing an aircraft into another sectors airspace without a correct point-out. Reporter stated fatigue issues related to the government shutdown.

Narrative: Took radar on Aircraft X from Liberty South; climbing to 17000; direct WHITE. Soon after I took the aircraft; I saw a Mode C intruder about 8 miles off to the west of him; moving eastbound fast and climbing. The Mode C intruder was probably around 15000 and climbing while Aircraft X was at 16000 climbing to 17000. Liberty South Controller switched Aircraft X to me. The targets appeared like they were going to merge and I had to assume the Mode C intruder was going to climb; I had no information about him other than what I saw. I immediately climbed Aircraft X into ZNY sector 56's airspace without making a point out. The Mode C intruder indeed did cross Aircraft X's path and climbed as high as 17600 at one point. I believe they would have merged. I believe that fatigue is likely to have been a factor in this incident. I know that I have been working very long hours and today is my 6th day of the week (overtime). I can imagine that the controllers around me feel the same. Furthermore; I have heard that ZNY management has been looking at the use of sick leave during the ongoing government shutdown in an effort to penalize controllers who are taking furlough leave. I do not know if this is true; but this is what I have [heard] and I know that it scares me. I believe that it has probably scared other controllers into coming into work when they might not be able to perform to the best of their ability. This incident has definitely been an eye-opener for me to be extra cautious when controllers are being stretched thin. I don't think that Liberty South should have switched the aircraft without calling traffic or resolving the conflict. I do not know if they were talking to the Mode C intruder but they must have seen him. Also if I had caught the Mode C intruder sooner; I would have been able to complete a point out to 56 before climbing my traffic. As it was; I think that the airspace violation with Sector 56 was unavoidable in order to keep Aircraft X safe.

Data retrieved from NASA's ASRS site and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.