Narrative:

Air carrier X from hpn-bwi was climbing out of 12000 ft as directed by new york approach control on 120.85, when we received a TCASII TA for an aircraft behind, below and slightly left of us. The TA quickly escalated to 'climb, climb, climb' and 'increase climb' RA's. We increased our rate in excess of 2500 FPM, but it was clear from the TCASII pictorial that the intruder was still out climbing us. As I began a turn to the right, air carrier Y blasted through our altitude approximately 200 yards from our left wing tip. Rocked by Y's wake we demanded an explanation from the controller who said he had cleared Y to climb through our altitude and he asked Y to confirm that they had us visually. Y's response was ambiguous -- saying they had an RA first, then saw us visually. Even if Y had misidented us and their TCASII was inoperative, new york approach should not have cleared both X and Y to climb through the same altitude on virtually the same flight paths. Radio congestion was a factor that made it nearly impossible for X to obtain earlier confirmation about what approach control and Y were doing.

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Original NASA ASRS Text

Title: ACR X TCASII RA WITH ACR Y CLB THROUGH ACR X ALT. EVASIVE ACTION TAKEN.

Narrative: ACR X FROM HPN-BWI WAS CLBING OUT OF 12000 FT AS DIRECTED BY NEW YORK APCH CTL ON 120.85, WHEN WE RECEIVED A TCASII TA FOR AN ACFT BEHIND, BELOW AND SLIGHTLY L OF US. THE TA QUICKLY ESCALATED TO 'CLB, CLB, CLB' AND 'INCREASE CLB' RA'S. WE INCREASED OUR RATE IN EXCESS OF 2500 FPM, BUT IT WAS CLR FROM THE TCASII PICTORIAL THAT THE INTRUDER WAS STILL OUT CLBING US. AS I BEGAN A TURN TO THE R, ACR Y BLASTED THROUGH OUR ALT APPROX 200 YARDS FROM OUR L WING TIP. ROCKED BY Y'S WAKE WE DEMANDED AN EXPLANATION FROM THE CTLR WHO SAID HE HAD CLRED Y TO CLB THROUGH OUR ALT AND HE ASKED Y TO CONFIRM THAT THEY HAD US VISUALLY. Y'S RESPONSE WAS AMBIGUOUS -- SAYING THEY HAD AN RA FIRST, THEN SAW US VISUALLY. EVEN IF Y HAD MISIDENTED US AND THEIR TCASII WAS INOP, NEW YORK APCH SHOULD NOT HAVE CLRED BOTH X AND Y TO CLB THROUGH THE SAME ALT ON VIRTUALLY THE SAME FLT PATHS. RADIO CONGESTION WAS A FACTOR THAT MADE IT NEARLY IMPOSSIBLE FOR X TO OBTAIN EARLIER CONFIRMATION ABOUT WHAT APCH CTL AND Y WERE DOING.

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.