Narrative:

ZNY appeared busy and delayed reading clearance to air carrier X departing vnv. Clearance read to us and released for takeoff at approximately xxxxz. Executed instrument departure from runway 6. Readback included direct to psb VOR climb and maintain 8000 ft. Approximately 5.0 mi east of psb, climbing through 4300 ft, TCASII showed proximity traffic 700 ft above and just 7-8 mi ahead. Through 4800 ft ny called and told us we were only cleared to 4000 ft. We were told to level off and maintain 5000 ft. Lateral separation of only 4 mi existed between our aircraft and the other airplane passing over psb VOR. There was no vertical. Separation. Chain of events leading up to incident: 1) controller overload (dealing with far too many aircraft, escort is one of the largest). 2) controller ego -- slow to admit mistakes (authoritarian). 3) scheduled departure time was XX10 and we were running 40 mins behind so we were pressing him for release or an edc time.

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Original NASA ASRS Text

Title: ACR X NON ADHERENCE TO ATC CLRNC HAD POSSIBLE LTSS FROM Y. PLTDEV.

Narrative: ZNY APPEARED BUSY AND DELAYED READING CLRNC TO ACR X DEPARTING VNV. CLRNC READ TO US AND RELEASED FOR TKOF AT APPROX XXXXZ. EXECUTED INST DEP FROM RWY 6. READBACK INCLUDED DIRECT TO PSB VOR CLB AND MAINTAIN 8000 FT. APPROX 5.0 MI E OF PSB, CLBING THROUGH 4300 FT, TCASII SHOWED PROX TFC 700 FT ABOVE AND JUST 7-8 MI AHEAD. THROUGH 4800 FT NY CALLED AND TOLD US WE WERE ONLY CLRED TO 4000 FT. WE WERE TOLD TO LEVEL OFF AND MAINTAIN 5000 FT. LATERAL SEPARATION OF ONLY 4 MI EXISTED BTWN OUR ACFT AND THE OTHER AIRPLANE PASSING OVER PSB VOR. THERE WAS NO VERT. SEPARATION. CHAIN OF EVENTS LEADING UP TO INCIDENT: 1) CTLR OVERLOAD (DEALING WITH FAR TOO MANY ACFT, ESCORT IS ONE OF THE LARGEST). 2) CTLR EGO -- SLOW TO ADMIT MISTAKES (AUTHORITARIAN). 3) SCHEDULED DEP TIME WAS XX10 AND WE WERE RUNNING 40 MINS BEHIND SO WE WERE PRESSING HIM FOR RELEASE OR AN EDC TIME.

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.