Narrative:

We visually observed an aircraft descending towards us within 20 miles. The aircraft appeared to have slowed its descent on TCAS. Within 5 miles; the conflicting aircraft was 400 ft above us and leveling. By 4 miles I told the first officer to go ahead and descend as we received a TCAS RA to descend. I notified ATC of our TCAS descent. We descended as low as 34;750 ft. At that time; the conflicting traffic climbed and passed 1000 ft above us and 4 miles to our right. We then received a 'clear of conflict' from TCAS and returned to FL350. ATC then told us to maintain FL350. Oncoming traffic failed to maintain a safe altitude.

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Original NASA ASRS Text

Title: CRJ700 flight crew level at FL350 with ZNY experienced TCAS RA with traffic that reportedly descended below assigned altitude.

Narrative: We visually observed an aircraft descending towards us within 20 miles. The aircraft appeared to have slowed its descent on TCAS. Within 5 miles; the conflicting aircraft was 400 FT above us and leveling. By 4 miles I told the First Officer to go ahead and descend as we received a TCAS RA to descend. I notified ATC of our TCAS descent. We descended as low as 34;750 FT. At that time; the conflicting traffic climbed and passed 1000 FT above us and 4 miles to our right. We then received a 'Clear of Conflict' from TCAS and returned to FL350. ATC then told us to maintain FL350. Oncoming traffic failed to maintain a safe altitude.

Data retrieved from NASA's ASRS site as of April 2012 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.