Narrative:

We had departed swf VFR en route jfk. Due to the short duration of the flight, we do not consider any portion of the flight as cruise (cruise portions are required to be above 6000' MSL). We had just reached 33500' MSL and were receiving advisories from westchester approach. We were preparing to initiate a descent to 2500' to comply with entering the TCA at jfk when small transport a traffic was called 2 mi north of carmel at 3500' converging. The small transport a was also receiving advisories and was told to begin VFR descent into hpn. We finally called what we thought was the small transport Z in sight, but it did not appear to be descending and we queried approach. Approach asked the small transport a to begin descent and they replied they would. At this time we were about 1 mi apart, and I decided to climb 200' because the aircraft looked like it was still at our altitude and converging quickly. As the aircraft approached, we realized the aircraft we were looking at was an mdt at 4000', and we immediately descended to 3500' MSL at the same time the controller reported, for the first time, that there was IFR traffic at 4000' and we should stay at 3500'. The mdt reported he climbed 300' to avoid us as he was not informed of us, either. Although we had the traffic at all times, the preconceived notion that he was at 3500' caused the problem, as well as the fact that the traffic was not called out. I believe the mdt was more startled than us, and the solution would have been more controller calls to each appropriate aircraft, but I also realized the controller when busy does not have the time to call all VFR and IFR traffic.

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Original NASA ASRS Text

Title: CLOSE PROX COMMUTER LTT AND ACR MDT NEAR JFK. VFR IFR COMBINATION.

Narrative: WE HAD DEPARTED SWF VFR ENRTE JFK. DUE TO THE SHORT DURATION OF THE FLT, WE DO NOT CONSIDER ANY PORTION OF THE FLT AS CRUISE (CRUISE PORTIONS ARE REQUIRED TO BE ABOVE 6000' MSL). WE HAD JUST REACHED 33500' MSL AND WERE RECEIVING ADVISORIES FROM WESTCHESTER APCH. WE WERE PREPARING TO INITIATE A DSNT TO 2500' TO COMPLY WITH ENTERING THE TCA AT JFK WHEN SMT A TFC WAS CALLED 2 MI N OF CARMEL AT 3500' CONVERGING. THE SMT A WAS ALSO RECEIVING ADVISORIES AND WAS TOLD TO BEGIN VFR DSNT INTO HPN. WE FINALLY CALLED WHAT WE THOUGHT WAS THE SMT Z IN SIGHT, BUT IT DID NOT APPEAR TO BE DSNDING AND WE QUERIED APCH. APCH ASKED THE SMT A TO BEGIN DSNT AND THEY REPLIED THEY WOULD. AT THIS TIME WE WERE ABOUT 1 MI APART, AND I DECIDED TO CLB 200' BECAUSE THE ACFT LOOKED LIKE IT WAS STILL AT OUR ALT AND CONVERGING QUICKLY. AS THE ACFT APCHED, WE REALIZED THE ACFT WE WERE LOOKING AT WAS AN MDT AT 4000', AND WE IMMEDIATELY DSNDED TO 3500' MSL AT THE SAME TIME THE CTLR RPTED, FOR THE FIRST TIME, THAT THERE WAS IFR TFC AT 4000' AND WE SHOULD STAY AT 3500'. THE MDT RPTED HE CLBED 300' TO AVOID US AS HE WAS NOT INFORMED OF US, EITHER. ALTHOUGH WE HAD THE TFC AT ALL TIMES, THE PRECONCEIVED NOTION THAT HE WAS AT 3500' CAUSED THE PROB, AS WELL AS THE FACT THAT THE TFC WAS NOT CALLED OUT. I BELIEVE THE MDT WAS MORE STARTLED THAN US, AND THE SOLUTION WOULD HAVE BEEN MORE CTLR CALLS TO EACH APPROPRIATE ACFT, BUT I ALSO REALIZED THE CTLR WHEN BUSY DOES NOT HAVE THE TIME TO CALL ALL VFR AND IFR TFC.

Data retrieved from NASA's ASRS site as of July 2007 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.