Air carrier X TCASII RA with VFR small transport Y. Evasive action taken.

Attributes
ACN	253101
Time
Date	199310
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : dpk
State Reference	NY
Altitude	msl bound lower : 3500 msl bound upper : 4000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90 tracon : n90
Operator	common carrier : air carrier
Make Model Name	Light Transport, Low Wing, 2 Turboprop Eng
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Aircraft 2
Operator	general aviation : personal
Make Model Name	Small Transport, Low Wing, 2 Recip Eng
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	VFR
Person 1
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Experience	controller radar : 7
ASRS Report	253101
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne less severe non adherence : clearance
Independent Detector	aircraft equipment other aircraft equipment : unspecified
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	vertical : 500
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	other

Narrative:

Air carrier X on route to jfk airport is level at 4000 ft in class C airspace (asra). Small transport Y is level at 3500 ft eastbound after departing isp en route gon. Traffic is issued to both aircraft. Air carrier X advises he is initiating a climb to 4500 ft for the traffic level at 3500 ft. He subsequently advises traffic in sight descending. This occurred during heavy traffic, we were running departure delays and traffic was being held because I was too busy for the additional traffic. This maneuver was not needed and served no purpose except to add complexity to an already heavy traffic period. If there is something wrong with separation then it should be increased. It is very frustrating for a controller to know that the pilots no longer trust my abilities and that this little box has control over his actions in defiance to my control instructions.

Original NASA ASRS Text

Title: ACR X TCASII RA WITH VFR SMT Y. EVASIVE ACTION TAKEN.

Narrative: ACR X ON RTE TO JFK ARPT IS LEVEL AT 4000 FT IN CLASS C AIRSPACE (ASRA). SMT Y IS LEVEL AT 3500 FT EBOUND AFTER DEPARTING ISP ENRTE GON. TFC IS ISSUED TO BOTH ACFT. ACR X ADVISES HE IS INITIATING A CLB TO 4500 FT FOR THE TFC LEVEL AT 3500 FT. HE SUBSEQUENTLY ADVISES TFC IN SIGHT DSNDING. THIS OCCURRED DURING HVY TFC, WE WERE RUNNING DEP DELAYS AND TFC WAS BEING HELD BECAUSE I WAS TOO BUSY FOR THE ADDITIONAL TFC. THIS MANEUVER WAS NOT NEEDED AND SERVED NO PURPOSE EXCEPT TO ADD COMPLEXITY TO AN ALREADY HVY TFC PERIOD. IF THERE IS SOMETHING WRONG WITH SEPARATION THEN IT SHOULD BE INCREASED. IT IS VERY FRUSTRATING FOR A CTLR TO KNOW THAT THE PLTS NO LONGER TRUST MY ABILITIES AND THAT THIS LITTLE BOX HAS CTL OVER HIS ACTIONS IN DEFIANCE TO MY CTL INSTRUCTIONS.

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.