Narrative:

Flight on radar vectors from ny departure. First officer was climbing to an assigned altitude of 15000' with captain working radios and looking for traffic. At approximately 8600' (3000 FPM/250 KTS), captain spotted small transport commuter at our 9:30 position (moving left to right). Captain called for immediate level off. Small transport aircraft passed overhead approximately 300-400'. ATC never advised our flight of the conflicting traffic. Captain questioned ATC about the small transport and we were told he was at 9500' and ATC confirmed we were cleared to 15000'. Supplemental information from acn 95935: ATC never said anything about traffic until he was past. If they (ATC) did call the traffic they were stepped on, as lots of aircraft were keying over one another on radios.

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Original NASA ASRS Text

Title: MLG AND SMT HAVE NMAC IN N90 AIRSPACE.

Narrative: FLT ON RADAR VECTORS FROM NY DEP. F/O WAS CLBING TO AN ASSIGNED ALT OF 15000' WITH CAPT WORKING RADIOS AND LOOKING FOR TFC. AT APPROX 8600' (3000 FPM/250 KTS), CAPT SPOTTED SMT COMMUTER AT OUR 9:30 POS (MOVING LEFT TO RIGHT). CAPT CALLED FOR IMMEDIATE LEVEL OFF. SMT ACFT PASSED OVERHEAD APPROX 300-400'. ATC NEVER ADVISED OUR FLT OF THE CONFLICTING TFC. CAPT QUESTIONED ATC ABOUT THE SMT AND WE WERE TOLD HE WAS AT 9500' AND ATC CONFIRMED WE WERE CLRED TO 15000'. SUPPLEMENTAL INFO FROM ACN 95935: ATC NEVER SAID ANYTHING ABOUT TFC UNTIL HE WAS PAST. IF THEY (ATC) DID CALL THE TFC THEY WERE STEPPED ON, AS LOTS OF ACFT WERE KEYING OVER ONE ANOTHER ON RADIOS.

Data retrieved from NASA's ASRS site as of August 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.