Light aircraft pilot takes evasive action to avoid suspected closing traffic in N90 airspace.

Attributes
ACN	422256
Time
Date	199812
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : lga
State Reference	NY
Altitude	msl bound lower : 4100 msl bound upper : 5000
Environment
Light	Daylight
Aircraft 1
Operator	general aviation : personal
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	Part 135
Flight Phase	cruise other
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	B737 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude cruise other
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : cfi pilot : commercial
Experience	flight time last 90 days : 35 flight time total : 1200 flight time type : 800
ASRS Report	422256
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : nmac
Independent Detector	other controllera other flight crewa
Resolutory Action	flight crew : returned to intended course or assigned course
Consequence	Other
Miss Distance	vertical : 500
Supplementary
Air Traffic Incident	Pilot Deviation

Narrative:

While on IFR flight plan above a cloud deck at 5000 ft MSL, heading of 120 degrees, I saw a landing light at 10-11 O'clock. It appeared to be on a collision course. After a short time, its landing lights illuminated our cockpit. I called new york approach and asked (without giving my call sign) if they saw the traffic. I then made a right descending turn. On the way down, we saw a B737 pass directly over us. When we recovered at 4100 ft, new york approach said the closest traffic was at 4000 ft and that we caused the near miss by descending.

Original NASA ASRS Text

Title: LIGHT ACFT PLT TAKES EVASIVE ACTION TO AVOID SUSPECTED CLOSING TFC IN N90 AIRSPACE.

Narrative: WHILE ON IFR FLT PLAN ABOVE A CLOUD DECK AT 5000 FT MSL, HDG OF 120 DEGS, I SAW A LNDG LIGHT AT 10-11 O'CLOCK. IT APPEARED TO BE ON A COLLISION COURSE. AFTER A SHORT TIME, ITS LNDG LIGHTS ILLUMINATED OUR COCKPIT. I CALLED NEW YORK APCH AND ASKED (WITHOUT GIVING MY CALL SIGN) IF THEY SAW THE TFC. I THEN MADE A R DSNDING TURN. ON THE WAY DOWN, WE SAW A B737 PASS DIRECTLY OVER US. WHEN WE RECOVERED AT 4100 FT, NEW YORK APCH SAID THE CLOSEST TFC WAS AT 4000 FT AND THAT WE CAUSED THE NEAR MISS BY DSNDING.

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.