Atx was issued an altitude during climb that was occupied by another aircraft.

Attributes
ACN	115209
Time
Date	198906
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : hpn
State Reference	NY
Altitude	msl bound lower : 4500 msl bound upper : 5000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90 artcc : zoa
Operator	common carrier : air taxi
Make Model Name	Medium Transport, High Wing, 2 Turboprop Eng
Flight Phase	cruise other
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air taxi
Make Model Name	Medium Transport, High Wing, 2 Turboprop Eng
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Experience	controller radar : 2
ASRS Report	115209
Person 2
Affiliation	company : air taxi
Function	flight crew : captain oversight : pic
Qualification	pilot : instrument pilot : commercial pilot : atp
Events
Anomaly	non adherence : required legal separation non adherence : published procedure
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance
Consequence	Other
Miss Distance	horizontal : 15000 vertical : 500
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Atx X was wbound at 5000'. Atx Y departed hpn climbing to 3000'. I turned atx Y to 320-340 degree heading and climbed him to 5000'. I realized atx X was at atx Y's 3-4 O'clock position. I turned atx X to 360 degrees and climbed him to 6000'. I was working combined positions and traffic was busy. I stopped atx Y's climb immediately and turned him wbound. When I had required sep, I turned atx X on course and descended him to 5000'. I should have stopped departures.

Original NASA ASRS Text

Title: ATX WAS ISSUED AN ALT DURING CLIMB THAT WAS OCCUPIED BY ANOTHER ACFT.

Narrative: ATX X WAS WBOUND AT 5000'. ATX Y DEPARTED HPN CLBING TO 3000'. I TURNED ATX Y TO 320-340 DEG HDG AND CLBED HIM TO 5000'. I REALIZED ATX X WAS AT ATX Y'S 3-4 O'CLOCK POS. I TURNED ATX X TO 360 DEGS AND CLBED HIM TO 6000'. I WAS WORKING COMBINED POSITIONS AND TFC WAS BUSY. I STOPPED ATX Y'S CLB IMMEDIATELY AND TURNED HIM WBOUND. WHEN I HAD REQUIRED SEP, I TURNED ATX X ON COURSE AND DSNDED HIM TO 5000'. I SHOULD HAVE STOPPED DEPS.

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.