An air carrier captain reported that nyc TRACON issued a VFR traffic alert with a turn and climb to ...

Attributes
ACN	862593
Time
Date	200911
Local Time Of Day	0601-1200
Place
Locale Reference	EWR.Airport
State Reference	NJ
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Make Model Name	Large Transport Low Wing 2 Turbojet Eng
Operating Under FAR Part	Part 121
Flight Phase	Initial Approach
Route In Use	Vectors
Flight Plan	IFR
Aircraft 2
Operating Under FAR Part	Part 91
Flight Phase	Climb
Flight Plan	None
Person 1
Function	Captain
Events
Anomaly	Conflict Airborne Conflict

Narrative:

We were advised of VFR traffic by ny TRACON. Traffic was depicted on TCAS; as we were converging traffic continued to head directly towards us and climbing up to our altitude. ATC issued a turning and climbing clearance to avoid conflicting traffic. I refused that clearance as I felt that would have caused a near midair or worse. The controller said do whatever you have to. We descended to 4500 ft as the VFR traffic climbed right through our path approximately 800 ft above us. We did receive a TA from the traffic. Once clear of traffic we returned to 5000 ft.

Original NASA ASRS Text

Title: An Air Carrier Captain reported that NYC TRACON issued a VFR traffic alert with a turn and climb to avoid it. The Captain descended and avoided a possible midair. A TCAS TA was received.

Narrative: We were advised of VFR traffic by NY TRACON. Traffic was depicted on TCAS; as we were converging traffic continued to head directly towards us and climbing up to our altitude. ATC issued a turning and climbing clearance to avoid conflicting traffic. I refused that clearance as I felt that would have caused a near midair or worse. The Controller said do whatever you have to. We descended to 4500 FT as the VFR traffic climbed right through our path approximately 800 FT above us. We did receive a TA from the traffic. Once clear of traffic we returned to 5000 FT.

Data retrieved from NASA's ASRS site as of April 2012 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.

An air carrier captain reported that nyc TRACON issued a VFR traffic alert with a turn and climb to avoid it. The captain descended and avoided a possible midair. A TCAS TA was received.