Narrative:

As per ATC clearance, we were level at 10000 ft and 300 KIAS on mip 3 STAR into lga. TCAS target at 1 O'clock position was level at 9500 ft and began VFR climb causing an RA. We responded with an immediate commanded descent, notified ATC, and waited until 'clear of conflict' before climbing back up to 10000 ft. ATC's response: 'I didn't know he was going to climb,,,' ATC did not have voice contact with the cessna 310 only had mode C target. Had the cessna been in voice contact with ATC, this near miss could have been avoided.

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Original NASA ASRS Text

Title: ACR LEVEL DURING STAR HAS TFC ADVISORY ON TCAS. ADVISORY TURNS TO RA AND PLTS INITIATE AVOIDANCE PROC.

Narrative: AS PER ATC CLRNC, WE WERE LEVEL AT 10000 FT AND 300 KIAS ON MIP 3 STAR INTO LGA. TCAS TARGET AT 1 O'CLOCK POSITION WAS LEVEL AT 9500 FT AND BEGAN VFR CLIMB CAUSING AN RA. WE RESPONDED WITH AN IMMEDIATE COMMANDED DESCENT, NOTIFIED ATC, AND WAITED UNTIL 'CLR OF CONFLICT' BEFORE CLIMBING BACK UP TO 10000 FT. ATC'S RESPONSE: 'I DIDN'T KNOW HE WAS GOING TO CLIMB,,,' ATC DID NOT HAVE VOICE CONTACT WITH THE CESSNA 310 ONLY HAD MODE C TARGET. HAD THE CESSNA BEEN IN VOICE CONTACT WITH ATC, THIS NEAR MISS COULD HAVE BEEN AVOIDED.

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.