Near midair collision.

Attributes
ACN	146745
Time
Date	199005
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : etx
State Reference	PA
Altitude	msl bound lower : 8800 msl bound upper : 9200
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 3 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Route In Use	departure other enroute : on vectors
Flight Plan	IFR
Aircraft 2
Make Model Name	Small Transport, Low Wing, 2 Recip Eng
Flight Phase	cruise other
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	other pilot : instrument pilot : commercial pilot : atp
Experience	flight time last 90 days : 200 flight time total : 8000 flight time type : 500
ASRS Report	146745
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : flight engineer pilot : atp
Experience	flight time last 90 days : 180 flight time total : 6000 flight time type : 4000
ASRS Report	147364
Events
Anomaly	non adherence : required legal separation non adherence : far other anomaly other
Independent Detector	other controllera other flight crewa
Resolutory Action	flight crew : took evasive action none taken : anomaly accepted
Consequence	Other
Miss Distance	horizontal : 0 vertical : 200
Supplementary
Primary Problem	Ambiguous
Air Traffic Incident	Pilot Deviation other other

Narrative:

On climb out from ewr we were cleared to 10000' and on an assigned heading of 310 at XY50Z we were 48 DME and approximately the 060 degree right off etx climbing through 9000'. Ny departure controller said 'flight X, stop your climb at 9000', traffic 12 O'clock altitude reads 9400'.' first officer spotted traffic within a mile and converging. We were able to arrest our climb at 9200' and I pushed over and dove to 8800'. We told controller we came within 500' of the traffic and had to maneuver to avoid it. Controller said he had no altitude readout on traffic until he called us. No injuries or damage to aircraft. Supplemental information from acn 147364: I believe that ATC and ourselves were distracted with previously called VFR aircraft.

Original NASA ASRS Text

Title: NMAC.

Narrative: ON CLBOUT FROM EWR WE WERE CLRED TO 10000' AND ON AN ASSIGNED HDG OF 310 AT XY50Z WE WERE 48 DME AND APPROX THE 060 DEG R OFF ETX CLBING THROUGH 9000'. NY DEP CTLR SAID 'FLT X, STOP YOUR CLB AT 9000', TFC 12 O'CLOCK ALT READS 9400'.' F/O SPOTTED TFC WITHIN A MILE AND CONVERGING. WE WERE ABLE TO ARREST OUR CLB AT 9200' AND I PUSHED OVER AND DOVE TO 8800'. WE TOLD CTLR WE CAME WITHIN 500' OF THE TFC AND HAD TO MANEUVER TO AVOID IT. CTLR SAID HE HAD NO ALT READOUT ON TFC UNTIL HE CALLED US. NO INJURIES OR DAMAGE TO ACFT. SUPPLEMENTAL INFO FROM ACN 147364: I BELIEVE THAT ATC AND OURSELVES WERE DISTRACTED WITH PREVIOUSLY CALLED VFR ACFT.

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.