HS125 pilot ignores a N90 controller's descent instruction to comply to a TCASII alert.

Attributes
ACN	607058
Time
Date	200402
Day	Sun
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : teb.airport
State Reference	NJ
Altitude	msl bound lower : 3000 msl bound upper : 4000
Environment
Flight Conditions	VMC
Light	Dusk
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	general aviation : corporate
Operating Under FAR Part	Part 91
Flight Phase	descent : intermediate altitude
Route In Use	arrival : on vectors
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	company : corporate
Function	flight crew : captain oversight : pic
Qualification	pilot : cfi pilot : atp
Experience	flight time last 90 days : 100 flight time total : 7600 flight time type : 900
ASRS Report	607058
Person 2
Affiliation	company : corporate
Function	flight crew : first officer
Events
Anomaly	conflict : airborne critical non adherence : required legal separation non adherence : published procedure non adherence : clearance
Independent Detector	atc equipment other atc equipment : radar mode c aircraft equipment : tcas other controllera other flight crewa other flight crewb other other : 3
Resolutory Action	controller : issued advisory flight crew : took evasive action
Miss Distance	vertical : 300
Supplementary
Problem Areas	ATC Human Performance
Primary Problem	ATC Human Performance

Narrative:

While being vectored from new york approach we were given a descent from 4000 ft to 3000 ft. We were advised about traffic at our 2 O'clock position and 300-400 ft lower. ATC gave us a right turn of 25 degrees and a descent to 3000 ft. We were unable to accept it due to TCASII and a visual with the aircraft. ATC presumed to tell me his radar was better than what ever we saw and we should descend. Upon clearing traffic, I descended on approach control's vectors.

Original NASA ASRS Text

Title: HS125 PLT IGNORES A N90 CTLR'S DSCNT INSTRUCTION TO COMPLY TO A TCASII ALERT.

Narrative: WHILE BEING VECTORED FROM NEW YORK APCH WE WERE GIVEN A DSCNT FROM 4000 FT TO 3000 FT. WE WERE ADVISED ABOUT TFC AT OUR 2 O'CLOCK POS AND 300-400 FT LOWER. ATC GAVE US A R TURN OF 25 DEGS AND A DSCNT TO 3000 FT. WE WERE UNABLE TO ACCEPT IT DUE TO TCASII AND A VISUAL WITH THE ACFT. ATC PRESUMED TO TELL ME HIS RADAR WAS BETTER THAN WHAT EVER WE SAW AND WE SHOULD DSND. UPON CLRING TFC, I DSNDED ON APCH CTL'S VECTORS.

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.