Potential conflict avoided by flight crew of aircraft X leveling off to avoid crossing traffic.

Attributes
ACN	156282
Time
Date	199009
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : sbj
State Reference	NJ
Altitude	msl bound lower : 26000 msl bound upper : 28000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 6670 flight time type : 220
ASRS Report	156282
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	non adherence : required legal separation non adherence : published procedure
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 2000 vertical : 1000
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Controller cleared us to 28000'. Climbing out of 27000' an medium large transport came from right to left. We stopped our climb at 27000', then went to 28000'. We had a traffic conflict with that aircraft. ATC should have never cleared us to 28000'. We were told to turn right 40 degrees.

Original NASA ASRS Text

Title: POTENTIAL CONFLICT AVOIDED BY FLT CREW OF ACFT X LEVELING OFF TO AVOID CROSSING TRAFFIC.

Narrative: CTLR CLRED US TO 28000'. CLBING OUT OF 27000' AN MLG CAME FROM RIGHT TO LEFT. WE STOPPED OUR CLB AT 27000', THEN WENT TO 28000'. WE HAD A TFC CONFLICT WITH THAT ACFT. ATC SHOULD HAVE NEVER CLRED US TO 28000'. WE WERE TOLD TO TURN RIGHT 40 DEGS.

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.