Air carrier B757 flight crew initiates evasive TCASII climb to resolve separation conflict apparently not observed by ARTCC controller. Controller admits error and issues new clearance.

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Attributes
ACN	410809
Time
Date	199808
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : ard
State Reference	PA
Altitude	msl bound lower : 11700 msl bound upper : 12300
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : zny
Operator	common carrier : air carrier
Make Model Name	B757-200
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	descent other
Route In Use	arrival other arrival star : star
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : flight engineer pilot : atp
Experience	flight time last 90 days : 200 flight time total : 20100 flight time type : 800
ASRS Report	410809
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 195 flight time total : 10100 flight time type : 860
ASRS Report	411184
Events
Anomaly	conflict : airborne less severe non adherence : published procedure non adherence : required legal separation other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other flight crewa
Resolutory Action	controller : issued new clearance flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 6000 vertical : 1200
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Descending on the minks 1 arrival to lga, had been cleared to cross somto intersection at 13000 ft. At approximately dupont VOR, we were given a clearance to cross yardly VOR at 9000 ft to maintain 7000 ft. First officer read back clearance and ZNY rogered. At approximately 12000-11500 ft MSL, in descent, TCASII alerted us to traffic below and ahead. RA said climb so we did, to approximately 12300 ft. Subject aircraft was visually in sight from 12000 ft on descent through the RA until we passed him (aircraft a high wing, twin turboprop commuter). ATC then gave us clearance to 11000 ft , calling traffic at 10500 ft. Closest approach to other aircraft was approximately 1200 ft vertically and 1 mi horizontally. Shortly thereafter, ATC commented that there had probably been a communication mix up. Company report filed also.

Original NASA ASRS Text

Title: ACR B757 FLC INITIATES EVASIVE TCASII CLB TO RESOLVE SEPARATION CONFLICT APPARENTLY NOT OBSERVED BY ARTCC CTLR. CTLR ADMITS ERROR AND ISSUES NEW CLRNC.

Narrative: DSNDING ON THE MINKS 1 ARR TO LGA, HAD BEEN CLRED TO CROSS SOMTO INTXN AT 13000 FT. AT APPROX DUPONT VOR, WE WERE GIVEN A CLRNC TO CROSS YARDLY VOR AT 9000 FT TO MAINTAIN 7000 FT. FO READ BACK CLRNC AND ZNY ROGERED. AT APPROX 12000-11500 FT MSL, IN DSCNT, TCASII ALERTED US TO TFC BELOW AND AHEAD. RA SAID CLB SO WE DID, TO APPROX 12300 FT. SUBJECT ACFT WAS VISUALLY IN SIGHT FROM 12000 FT ON DSCNT THROUGH THE RA UNTIL WE PASSED HIM (ACFT A HIGH WING, TWIN TURBOPROP COMMUTER). ATC THEN GAVE US CLRNC TO 11000 FT , CALLING TFC AT 10500 FT. CLOSEST APCH TO OTHER ACFT WAS APPROX 1200 FT VERTLY AND 1 MI HORIZLY. SHORTLY THEREAFTER, ATC COMMENTED THAT THERE HAD PROBABLY BEEN A COM MIX UP. COMPANY RPT FILED ALSO.

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.