Narrative:

I was the first officer and PF on air carrier flight ee from dca to lga on jul/xx/97. While flying over manhattan on a heading of 040 degrees and at an altitude of 4000 ft we were given a traffic call for a cessna orbiting over the hudson river at 4500 ft. ATC called the traffic at 11 O'clock position and 10 mi. The in-flight visibility was very poor and estimated at 2 mi. The captain asked for an additional traffic call when approaching 3 mi. The controller called back to say the aircraft was 11 O'clock position and 3 mi and simultaneously gave us a frequency change. During the frequency change I was looking outside the aircraft and trying to acquire the cessna visually. The TCASII showed the cessna at 12 O'clock position, 2 mi and 400 ft above us as a block on the TCASII. At this time we were out of contact with ATC and could not see the cessna, or where he was heading, climbing, descending, etc, only that he was orbiting. The TCASII came on with 'traffic, traffic' and moments later with 'monitor vertical speed, monitor vertical speed'. We were closing rapidly with the aircraft and still did not have him visually. In anticipation of an RA I disengaged the autoplt and increased power. The aircraft was out of trim and pitched nose up. The aircraft pitched toward a shallow climb. Simultaneously the TCASII gave a 'descend, descend.' I aggressively pushed the nose over, reduced power and acquired the cessna visually. I leveled off at 3800 ft and flew visually under the cessna. The captain called ATC and informed them we were following a TCASII advisory. The controller response was that 'it looks like you're climbing into him.' the rest of the approach was made normally. The cessna should not have been there VFR. He should have been IFR and provided with IFR separation by ATC. The controller should not have given us a frequency change until we were clear of traffic or had him visually. TCASII worked well.

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Original NASA ASRS Text

Title: A B727 FLYING INTO N90, NY, IS NOTIFIED BY CTLR THERE IS AN SMA FLYING CLOSE BY. THE FLC SEARCHES VISUALLY FOR THE SMA, AND AS THE FO DISCONNECTS THE AUTOPLT, THE TRIM IS SET FOR THE B727 TO CLB UP TO SMA ALT. THIS RESULTS IN A TCASII RA COMMANDING A DSCNT. B727 DSNDS TO AVOID THE SMA.

Narrative: I WAS THE FO AND PF ON ACR FLT EE FROM DCA TO LGA ON JUL/XX/97. WHILE FLYING OVER MANHATTAN ON A HDG OF 040 DEGS AND AT AN ALT OF 4000 FT WE WERE GIVEN A TFC CALL FOR A CESSNA ORBITING OVER THE HUDSON RIVER AT 4500 FT. ATC CALLED THE TFC AT 11 O'CLOCK POS AND 10 MI. THE INFLT VISIBILITY WAS VERY POOR AND ESTIMATED AT 2 MI. THE CAPT ASKED FOR AN ADDITIONAL TFC CALL WHEN APCHING 3 MI. THE CTLR CALLED BACK TO SAY THE ACFT WAS 11 O'CLOCK POS AND 3 MI AND SIMULTANEOUSLY GAVE US A FREQ CHANGE. DURING THE FREQ CHANGE I WAS LOOKING OUTSIDE THE ACFT AND TRYING TO ACQUIRE THE CESSNA VISUALLY. THE TCASII SHOWED THE CESSNA AT 12 O'CLOCK POS, 2 MI AND 400 FT ABOVE US AS A BLOCK ON THE TCASII. AT THIS TIME WE WERE OUT OF CONTACT WITH ATC AND COULD NOT SEE THE CESSNA, OR WHERE HE WAS HEADING, CLBING, DSNDING, ETC, ONLY THAT HE WAS ORBITING. THE TCASII CAME ON WITH 'TFC, TFC' AND MOMENTS LATER WITH 'MONITOR VERT SPD, MONITOR VERT SPD'. WE WERE CLOSING RAPIDLY WITH THE ACFT AND STILL DID NOT HAVE HIM VISUALLY. IN ANTICIPATION OF AN RA I DISENGAGED THE AUTOPLT AND INCREASED PWR. THE ACFT WAS OUT OF TRIM AND PITCHED NOSE UP. THE ACFT PITCHED TOWARD A SHALLOW CLB. SIMULTANEOUSLY THE TCASII GAVE A 'DSND, DSND.' I AGGRESSIVELY PUSHED THE NOSE OVER, REDUCED PWR AND ACQUIRED THE CESSNA VISUALLY. I LEVELED OFF AT 3800 FT AND FLEW VISUALLY UNDER THE CESSNA. THE CAPT CALLED ATC AND INFORMED THEM WE WERE FOLLOWING A TCASII ADVISORY. THE CTLR RESPONSE WAS THAT 'IT LOOKS LIKE YOU'RE CLBING INTO HIM.' THE REST OF THE APCH WAS MADE NORMALLY. THE CESSNA SHOULD NOT HAVE BEEN THERE VFR. HE SHOULD HAVE BEEN IFR AND PROVIDED WITH IFR SEPARATION BY ATC. THE CTLR SHOULD NOT HAVE GIVEN US A FREQ CHANGE UNTIL WE WERE CLR OF TFC OR HAD HIM VISUALLY. TCASII WORKED WELL.

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.