Narrative:

Repeated requests for deviation from thunderstorm area was met with less than professional attitudes by ZNY controllers. When deviation 20 degrees right of course was given, it still put us into this area of dissipating WX, but showed solid greens and yellows on our scopes. (Area increased intensity with decreased gain.) an urgent call came from ATC to level at 16000 ft and turn left to a 050 degree heading right into the WX to avoid a traffic conflict. (We were cleared to 11000 ft at the time.) leveloff was made at 16000 ft and turn made as directed by ATC into heavy rain. At no time was traffic observed or did TCASII alert in anyway. ATC accused us of deviating further than 20 degrees right of course, and causing a conflict for him. Supplemental information from acn 559178: early on in the request for deviation process, we could have gone left or right around the WX. Right deviations gave us the clearest ride and more room around the WX. If the controller had a problem or saw a problem with right deviations, that would have been the time to tell us to go left -- not waiting until we are at the WX and giving us an urgent turn and leveloff into the WX for unseen aircraft. I just hope that the clearance into known WX was truly for a valid reason and not just a reprimand for being a burden to this controller.

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Original NASA ASRS Text

Title: B767 FLC REQUESTED WX DEV DURING DSCNT AND THEN WAS GIVEN ONE. HOWEVER, WERE STOPPED AND TURNED RIGHT INTO THE WX AT 16000 FT MSL CAUSING THEM TO ENTER HVY RAIN.

Narrative: REPEATED REQUESTS FOR DEV FROM TSTM AREA WAS MET WITH LESS THAN PROFESSIONAL ATTITUDES BY ZNY CTLRS. WHEN DEV 20 DEGS R OF COURSE WAS GIVEN, IT STILL PUT US INTO THIS AREA OF DISSIPATING WX, BUT SHOWED SOLID GREENS AND YELLOWS ON OUR SCOPES. (AREA INCREASED INTENSITY WITH DECREASED GAIN.) AN URGENT CALL CAME FROM ATC TO LEVEL AT 16000 FT AND TURN L TO A 050 DEG HDG RIGHT INTO THE WX TO AVOID A TFC CONFLICT. (WE WERE CLRED TO 11000 FT AT THE TIME.) LEVELOFF WAS MADE AT 16000 FT AND TURN MADE AS DIRECTED BY ATC INTO HVY RAIN. AT NO TIME WAS TFC OBSERVED OR DID TCASII ALERT IN ANYWAY. ATC ACCUSED US OF DEVIATING FURTHER THAN 20 DEGS R OF COURSE, AND CAUSING A CONFLICT FOR HIM. SUPPLEMENTAL INFO FROM ACN 559178: EARLY ON IN THE REQUEST FOR DEV PROCESS, WE COULD HAVE GONE L OR R AROUND THE WX. R DEVS GAVE US THE CLEAREST RIDE AND MORE ROOM AROUND THE WX. IF THE CTLR HAD A PROB OR SAW A PROB WITH R DEVS, THAT WOULD HAVE BEEN THE TIME TO TELL US TO GO L -- NOT WAITING UNTIL WE ARE AT THE WX AND GIVING US AN URGENT TURN AND LEVELOFF INTO THE WX FOR UNSEEN ACFT. I JUST HOPE THAT THE CLRNC INTO KNOWN WX WAS TRULY FOR A VALID REASON AND NOT JUST A REPRIMAND FOR BEING A BURDEN TO THIS CTLR.

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.