A suspected loss of separation in ZNY airspace due to a possible miscom.

Attributes
ACN	587943
Time
Date	200307
Day	Fri
Local Time Of Day	1801 To 2400
Place
Locale Reference	navaid : mrb.vortac
State Reference	WV
Altitude	msl bound lower : 37000 msl bound upper : 39000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny.artcc
Operator	general aviation : corporate
Make Model Name	HS 125 Series 700
Operating Under FAR Part	Part 91
Navigation In Use	other other vortac
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : atp pilot : cfi
Experience	flight time last 90 days : 125 flight time total : 8900 flight time type : 250
ASRS Report	587943
Person 2
Affiliation	company : air carrier
Function	flight crew : captain
Events
Anomaly	conflict : airborne less severe non adherence : clearance non adherence : published procedure
Independent Detector	other controllerb other flight crewb
Resolutory Action	none taken : anomaly accepted
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	Ambiguous

Narrative:

We checked on with ZNY climbing to FL390. The frequency seemed quite busy due to traffic and WX deviations. We continued our climb and leveled off at FL390 without incident. After being level for some time the controller called us and said 'I told you to level at FL370.' I responded 'negative FL390.' no other conversation occurred and we were changed over to ZDC. ZDC then told us to maintain our normal cruise of .75 mach or less. I believe that separation was lost due to the ny controller not stopping our climb at FL370. I never responded to a radio call from ny telling us to stop our climb. I have no idea how to avoid this situation in the future or how to rectify the situation in the future.

Original NASA ASRS Text

Title: A SUSPECTED LOSS OF SEPARATION IN ZNY AIRSPACE DUE TO A POSSIBLE MISCOM.

Narrative: WE CHKED ON WITH ZNY CLBING TO FL390. THE FREQ SEEMED QUITE BUSY DUE TO TFC AND WX DEVS. WE CONTINUED OUR CLB AND LEVELED OFF AT FL390 WITHOUT INCIDENT. AFTER BEING LEVEL FOR SOME TIME THE CTLR CALLED US AND SAID 'I TOLD YOU TO LEVEL AT FL370.' I RESPONDED 'NEGATIVE FL390.' NO OTHER CONVERSATION OCCURRED AND WE WERE CHANGED OVER TO ZDC. ZDC THEN TOLD US TO MAINTAIN OUR NORMAL CRUISE OF .75 MACH OR LESS. I BELIEVE THAT SEPARATION WAS LOST DUE TO THE NY CTLR NOT STOPPING OUR CLB AT FL370. I NEVER RESPONDED TO A RADIO CALL FROM NY TELLING US TO STOP OUR CLB. I HAVE NO IDEA HOW TO AVOID THIS SIT IN THE FUTURE OR HOW TO RECTIFY THE SIT IN THE FUTURE.

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.