B737-500 crew and a BE55 had an near midair collision in N90 class east airspace.

Attributes
ACN	553168
Time
Date	200207
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : n90.tracon
State Reference	NY
Altitude	msl single value : 10000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	B737-500
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : n90.tracon
Operator	general aviation : personal
Make Model Name	Baron 55/Cochise
Operating Under FAR Part	Part 91
Flight Phase	cruise : level
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 240 flight time total : 23000 flight time type : 12000
Person 2
Affiliation	company : air carrier other
Function	flight crew : first officer
Events
Anomaly	conflict : nmac other anomaly other
Independent Detector	aircraft equipment : tcas other flight crewa other flight crewb other other : plt 3
Miss Distance	horizontal : 300 vertical : 0
Supplementary
Problem Areas	FAA Airspace Structure Flight Crew Human Performance
Primary Problem	Airspace Structure
Situations
Airspace Structure	class c : ewr.c class e : n90.e

Narrative:

VFR traffic was advised 3-4 mi, 12 O'clock position, on sector handoff. Visual contact made at 1 O'clock position, 2 mi at TCASII altitude +400 ft. RA stated 'descend.' as I had a visual, I elected to turn right as aircraft (BE55) was heading right to left. As I started turn, the BE55 turned hard right and descended through our altitude. I took immediate evasive action turn to left, approximately 60 degree angle of bank, and maintained altitude as the aircraft was diving through our altitude. When separation was assured, I returned to assigned heading. ATC was not working VFR traffic.

Original NASA ASRS Text

Title: B737-500 CREW AND A BE55 HAD AN NMAC IN N90 CLASS E AIRSPACE.

Narrative: VFR TFC WAS ADVISED 3-4 MI, 12 O'CLOCK POS, ON SECTOR HDOF. VISUAL CONTACT MADE AT 1 O'CLOCK POS, 2 MI AT TCASII ALT +400 FT. RA STATED 'DSND.' AS I HAD A VISUAL, I ELECTED TO TURN R AS ACFT (BE55) WAS HDG R TO L. AS I STARTED TURN, THE BE55 TURNED HARD R AND DSNDED THROUGH OUR ALT. I TOOK IMMEDIATE EVASIVE ACTION TURN TO L, APPROX 60 DEG ANGLE OF BANK, AND MAINTAINED ALT AS THE ACFT WAS DIVING THROUGH OUR ALT. WHEN SEPARATION WAS ASSURED, I RETURNED TO ASSIGNED HDG. ATC WAS NOT WORKING VFR TFC.

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.