ZNY controller questions MD82 flight crew when observing a mode C altitude of FL288, receiving a confirmation of FL310 by the flight crew, then being issued an immediate turn and climb clearance. Flight crew observes traffic 5 mi away.

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Attributes
ACN	508060
Time
Date	200104
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	navaid : sbj.vor
State Reference	PA
Altitude	msl bound lower : 28000 msl bound upper : 28800
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : bos.tower
Operator	common carrier : air carrier
Make Model Name	MD-82
Flight Phase	cruise : enroute altitude change
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zny.artcc
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Person 1
Function	flight crew : captain oversight : pic
Qualification	pilot : cfi pilot : multi engine pilot : flight engineer pilot : atp
Experience	flight time last 90 days : 120 flight time total : 14000 flight time type : 2500
ASRS Report	508060
Events
Anomaly	conflict : airborne less severe
Resolutory Action	controller : issued new clearance controller : separated traffic
Miss Distance	horizontal : 30000 vertical : 1000
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	ATC Human Performance

Narrative:

We were cleared to FL310, direct sjb VOR. Climbing through FL288, the controller asked 'confirm you're leveling at FL280.' I replied, 'negative, we're cleared to FL310.' we were given an immediate right turn 25 degrees and expedite the climb to FL310. We witnessed traffic on TCASII to our left and below, but never got a TCASII resolution. We were never told what happened, nor did we ask. My first officer and myself were sure of our clearance. The controller did an excellent job of rectifying the situation.

Original NASA ASRS Text

Title: ZNY CTLR QUESTIONS MD82 FLT CREW WHEN OBSERVING A MODE C ALT OF FL288, RECEIVING A CONFIRMATION OF FL310 BY THE FLT CREW, THEN BEING ISSUED AN IMMEDIATE TURN AND CLB CLRNC. FLT CREW OBSERVES TFC 5 MI AWAY.

Narrative: WE WERE CLRED TO FL310, DIRECT SJB VOR. CLBING THROUGH FL288, THE CTLR ASKED 'CONFIRM YOU'RE LEVELING AT FL280.' I REPLIED, 'NEGATIVE, WE'RE CLRED TO FL310.' WE WERE GIVEN AN IMMEDIATE R TURN 25 DEGS AND EXPEDITE THE CLB TO FL310. WE WITNESSED TFC ON TCASII TO OUR L AND BELOW, BUT NEVER GOT A TCASII RESOLUTION. WE WERE NEVER TOLD WHAT HAPPENED, NOR DID WE ASK. MY FO AND MYSELF WERE SURE OF OUR CLRNC. THE CTLR DID AN EXCELLENT JOB OF RECTIFYING THE SIT.

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.