Narrative:

Cruise altitude was 7000 assigned by ZNY. Handoff was about 11 NM northwest of har VOR. The captain checked in with mdt approach and reported level at 7000 ft. The controller replied verify level at 8000 ft. The captain replied, roger. I questioned the captain regarding his reply and that the controller thinks we are at 8000. He asked the controller to verify our assigned altitude but got no response. The controller then called out traffic for us at 12 O'clock 4 mi at 7000. We turned on our landing/approach lights and the air carrier medium large transport asked ATC to verify that we were at 8000. My captain transmitted that we were at 7000. The air carrier medium large transport reported that they were starting a left turn immediately. At that time, I started to turn left and climb as per the RA on the TCASII. I only deviated 100 ft because it appeared that there would be no conflict. Contributing factors: the medium large transport was at the wrong altitude for the direction of flight. The controller presumed we were at 8000 at check-in and tried to clarify our altitude, but was misled by our captain's response to the inquiry (þroger' was incomplete phraseology). I don't believe that the controller made use of our altitude readout if it was available.;

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Original NASA ASRS Text

Title: AN ACR MDT AND AN ACR MLG HAD LTSS. THE MDT MAY HAVE BEEN AT THE WRONG ALT.

Narrative: CRUISE ALT WAS 7000 ASSIGNED BY ZNY. HDOF WAS ABOUT 11 NM NW OF HAR VOR. THE CAPT CHKED IN WITH MDT APCH AND RPTED LEVEL AT 7000 FT. THE CTLR REPLIED VERIFY LEVEL AT 8000 FT. THE CAPT REPLIED, ROGER. I QUESTIONED THE CAPT REGARDING HIS REPLY AND THAT THE CTLR THINKS WE ARE AT 8000. HE ASKED THE CTLR TO VERIFY OUR ASSIGNED ALT BUT GOT NO RESPONSE. THE CTLR THEN CALLED OUT TFC FOR US AT 12 O'CLOCK 4 MI AT 7000. WE TURNED ON OUR LNDG/APCH LIGHTS AND THE ACR MLG ASKED ATC TO VERIFY THAT WE WERE AT 8000. MY CAPT XMITTED THAT WE WERE AT 7000. THE ACR MLG RPTED THAT THEY WERE STARTING A L TURN IMMEDIATELY. AT THAT TIME, I STARTED TO TURN L AND CLB AS PER THE RA ON THE TCASII. I ONLY DEVIATED 100 FT BECAUSE IT APPEARED THAT THERE WOULD BE NO CONFLICT. CONTRIBUTING FACTORS: THE MLG WAS AT THE WRONG ALT FOR THE DIRECTION OF FLT. THE CTLR PRESUMED WE WERE AT 8000 AT CHK-IN AND TRIED TO CLARIFY OUR ALT, BUT WAS MISLED BY OUR CAPT'S RESPONSE TO THE INQUIRY (þROGER' WAS INCOMPLETE PHRASEOLOGY). I DON'T BELIEVE THAT THE CTLR MADE USE OF OUR ALT READOUT IF IT WAS AVAILABLE.;

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.