Narrative:

N90 approach had vectored us south of our route for in trail sep into lga, our destination. My TRACON later instructed us to 'turn right 280 degrees, intercept the bdr R-248 southwest of bdr to lga.' shortly thereafter we were cleared to descend from 6000 to 4000'. Descending through 5700', conflicting traffic passed above us, climbing. The conflicting traffic appeared to have been heading 190 degrees, and converged from approximately our 0330 position. I asked TRACON several times about the traffic and received 2 different answers. They claimed the VFR traffic was requesting advisories from their sector, but not yet on their scope and then later, that the other aircraft must have had its transponder turned off. I believe TRACON was negligent in its duties. The other aircraft was an air carrier turbo-propeller and obviously mode C equipped. The sector controller was not overly busy and I believe asleep at his scope. I filed a near miss report with the area manager.

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Original NASA ASRS Text

Title: LTT ACR DESCENDING INTO NY AREA OBSERVED VFR TRAFFIC PASS IN CLOSE PROX CLIMBING.

Narrative: N90 APCH HAD VECTORED US S OF OUR RTE FOR IN TRAIL SEP INTO LGA, OUR DEST. MY TRACON LATER INSTRUCTED US TO 'TURN RIGHT 280 DEGS, INTERCEPT THE BDR R-248 SW OF BDR TO LGA.' SHORTLY THEREAFTER WE WERE CLRED TO DSND FROM 6000 TO 4000'. DSNDING THROUGH 5700', CONFLICTING TFC PASSED ABOVE US, CLBING. THE CONFLICTING TFC APPEARED TO HAVE BEEN HDG 190 DEGS, AND CONVERGED FROM APPROX OUR 0330 POS. I ASKED TRACON SEVERAL TIMES ABOUT THE TFC AND RECEIVED 2 DIFFERENT ANSWERS. THEY CLAIMED THE VFR TFC WAS REQUESTING ADVISORIES FROM THEIR SECTOR, BUT NOT YET ON THEIR SCOPE AND THEN LATER, THAT THE OTHER ACFT MUST HAVE HAD ITS XPONDER TURNED OFF. I BELIEVE TRACON WAS NEGLIGENT IN ITS DUTIES. THE OTHER ACFT WAS AN ACR TURBO-PROP AND OBVIOUSLY MODE C EQUIPPED. THE SECTOR CTLR WAS NOT OVERLY BUSY AND I BELIEVE ASLEEP AT HIS SCOPE. I FILED A NEAR MISS RPT WITH THE AREA MGR.

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.