Narrative:

ATC advised 'cleared for takeoff, climb to 6000 ft on runway heading.' at approximately 4600 ft, the controller advised, maintain 4000 ft due to traffic. The aircraft was climbing approximately 2500 FPM. We then leveled off at 4000 ft as soon as possible. The controller then gave a clearance to climb to 6000 ft and contact ZNY. I read back frequency but advised I had traffic 12 O'clock and less than 2 mi on TCASII at 5000 ft. The controller then said, contact ZNY and climb to 6000 ft again. I refused and called ZNY and told him the situation. He said stay at 4000 ft, that I did have IFR traffic at 5000 ft less than 1 mi opposite direction. Note: the first officer was flying and once the controller cleared us to 6000 ft he initiated a climb but stopped at 4100 ft as TCASII went to RA mode and commanded a vertical speed/descent. He (first officer) leveled at 4000 ft on my command, along with RA of TCASII. I think the controller at mcguire either missed the traffic (off his screen!) or was just a bad judgement call on behalf of mcguire departure control. The TCASII saved the day in my book (invaluable equipment).

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Original NASA ASRS Text

Title: DEPARTING ACFT CLRED TO CLB INTO PATH OF APCHING ACFT IN ADJACENT AIRSPACE UNDER THE CTL OF ANOTHER CTLR.

Narrative: ATC ADVISED 'CLRED FOR TKOF, CLB TO 6000 FT ON RWY HDG.' AT APPROX 4600 FT, THE CTLR ADVISED, MAINTAIN 4000 FT DUE TO TFC. THE ACFT WAS CLBING APPROX 2500 FPM. WE THEN LEVELED OFF AT 4000 FT ASAP. THE CTLR THEN GAVE A CLRNC TO CLB TO 6000 FT AND CONTACT ZNY. I READ BACK FREQ BUT ADVISED I HAD TFC 12 O'CLOCK AND LESS THAN 2 MI ON TCASII AT 5000 FT. THE CTLR THEN SAID, CONTACT ZNY AND CLB TO 6000 FT AGAIN. I REFUSED AND CALLED ZNY AND TOLD HIM THE SIT. HE SAID STAY AT 4000 FT, THAT I DID HAVE IFR TFC AT 5000 FT LESS THAN 1 MI OPPOSITE DIRECTION. NOTE: THE FO WAS FLYING AND ONCE THE CTLR CLRED US TO 6000 FT HE INITIATED A CLB BUT STOPPED AT 4100 FT AS TCASII WENT TO RA MODE AND COMMANDED A VERT SPD/DSCNT. HE (FO) LEVELED AT 4000 FT ON MY COMMAND, ALONG WITH RA OF TCASII. I THINK THE CTLR AT MCGUIRE EITHER MISSED THE TFC (OFF HIS SCREEN!) OR WAS JUST A BAD JUDGEMENT CALL ON BEHALF OF MCGUIRE DEP CTL. THE TCASII SAVED THE DAY IN MY BOOK (INVALUABLE EQUIP).

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.