Mdt crew had TCASII RA in N90 airspace.

Attributes
ACN	443080
Time
Date	199907
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	navaid : bdr.vor
State Reference	CT
Altitude	msl bound lower : 3800 msl bound upper : 4000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	Medium Transport
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : n90.tracon
Operator	general aviation : personal
Make Model Name	Skyhawk 172/Cutlass 172
Operating Under FAR Part	Part 91
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 150 flight time total : 7500 flight time type : 1100
ASRS Report	443080
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : multi engine pilot : instrument
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne critical non adherence : required legal separation non adherence : clearance
Independent Detector	aircraft equipment : tcas
Resolutory Action	controller : provided flight assist controller : issued advisory flight crew : took evasive action
Miss Distance	horizontal : 3500 vertical : 200
Supplementary
Problem Areas	Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

We were advised by new york approach that we had traffic at 1 O'clock position 2 mi heading our direction 4500 ft. It was a cessna 172, TCASII showed aircraft at 300 ft above our altitude. We received an RA to descend. We did, down to 3800 ft. ATC advised that he concurred with our assessment. He advised aircraft he was to maintain 4500 ft VFR. We saw aircraft in a nose down attitude. As we advised ATC, he was not at 4500 ft.

Original NASA ASRS Text

Title: MDT CREW HAD TCASII RA IN N90 AIRSPACE.

Narrative: WE WERE ADVISED BY NEW YORK APCH THAT WE HAD TFC AT 1 O'CLOCK POS 2 MI HEADING OUR DIRECTION 4500 FT. IT WAS A CESSNA 172, TCASII SHOWED ACFT AT 300 FT ABOVE OUR ALT. WE RECEIVED AN RA TO DSND. WE DID, DOWN TO 3800 FT. ATC ADVISED THAT HE CONCURRED WITH OUR ASSESSMENT. HE ADVISED ACFT HE WAS TO MAINTAIN 4500 FT VFR. WE SAW ACFT IN A NOSE DOWN ATTITUDE. AS WE ADVISED ATC, HE WAS NOT AT 4500 FT.

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.