Narrative:

At 4000 ft, downwind for runway 22L ewr, heading 040 degrees, close to being abeam teb, sky clear, talking to first ny approach controller. TCASII set at 10 mi range, all over-lights were on, including landing lights. A business jet passed 3000 ft below us going to teterboro. Next we acquired on TCASII and visually, an aircraft to our left at 5000 ft MSL on what looked like a 090 degree heading, constant bearing, with decreasing range. I looked back at the TCASII scope to verify its altitude at 10000 ft above us, but soon saw 900 ft separation which we both noted verbally. At 800 ft I told the first officer that it had begun to descend and I was going to descend for avoidance. As I disconnected the autoplt and began a controled descent we received our first TCASII alert, an RA of 'descend, descend.' approach called at that time and we informed them of our intentions. We were told to remain at 3000 ft and take a 360 degree heading. The other aircraft never took evasive action and leveled at 4000 ft. Later learned it was a B737. TRACON is calling the incident 'operational controller error.' apparently our controller forgot to hand us off to final, and because our symbol had merged with the business jet below us, final did not realize we were there, and descended the B737 to our altitude.

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Original NASA ASRS Text

Title: AN ACR FLC FLYING AN MD88 AT EWR RPTS A TCASII RA AND NMAC WITH A B737.

Narrative: AT 4000 FT, DOWNWIND FOR RWY 22L EWR, HEADING 040 DEGS, CLOSE TO BEING ABEAM TEB, SKY CLR, TALKING TO FIRST NY APCH CTLR. TCASII SET AT 10 MI RANGE, ALL OVER-LIGHTS WERE ON, INCLUDING LNDG LIGHTS. A BUSINESS JET PASSED 3000 FT BELOW US GOING TO TETERBORO. NEXT WE ACQUIRED ON TCASII AND VISUALLY, AN ACFT TO OUR L AT 5000 FT MSL ON WHAT LOOKED LIKE A 090 DEG HDG, CONSTANT BEARING, WITH DECREASING RANGE. I LOOKED BACK AT THE TCASII SCOPE TO VERIFY ITS ALT AT 10000 FT ABOVE US, BUT SOON SAW 900 FT SEPARATION WHICH WE BOTH NOTED VERBALLY. AT 800 FT I TOLD THE FO THAT IT HAD BEGUN TO DSND AND I WAS GOING TO DSND FOR AVOIDANCE. AS I DISCONNECTED THE AUTOPLT AND BEGAN A CTLED DSCNT WE RECEIVED OUR FIRST TCASII ALERT, AN RA OF 'DSND, DSND.' APCH CALLED AT THAT TIME AND WE INFORMED THEM OF OUR INTENTIONS. WE WERE TOLD TO REMAIN AT 3000 FT AND TAKE A 360 DEG HDG. THE OTHER ACFT NEVER TOOK EVASIVE ACTION AND LEVELED AT 4000 FT. LATER LEARNED IT WAS A B737. TRACON IS CALLING THE INCIDENT 'OPERATIONAL CTLR ERROR.' APPARENTLY OUR CTLR FORGOT TO HAND US OFF TO FINAL, AND BECAUSE OUR SYMBOL HAD MERGED WITH THE BUSINESS JET BELOW US, FINAL DID NOT REALIZE WE WERE THERE, AND DSNDED THE B737 TO OUR ALT.

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.