Date: 201409
Local time of day: 1201-1800
Location: N90.TRACON, NY
Flight conditions: VMC
Light: Daylight
Aircraft: Regional Jet 700 ER/LR (CRJ700)
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Climb
Airspace: Class B JFK
ATC / advisory: TRACON N90
Second aircraft: Small Aircraft; Low Wing; 1 Eng; Fixed Gear
Reporter organization: Air Carrier
Reporter function: Pilot Not Flying; First Officer
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Workload; Situational Awareness; Communication Breakdown; Distraction
Second reporter function: Captain; Pilot Flying
Anomaly: ATC Issue All Types; Conflict NMAC; Deviation - Altitude Excursion From Assigned Altitude; Deviation - Altitude Undershoot; Deviation / Discrepancy - Procedural Clearance
Detector: Automation Aircraft RA; Person Flight Crew
When detected: In-flight
Result: Air Traffic Control Issued Advisory / Alert; Flight Crew Returned To Clearance; Flight Crew Took Evasive Action
Contributing factors: Airspace Structure; Environment - Non Weather Related; Procedure; Human Factors
Primary problem: Human Factors

Narrative: I was the First Officer assigned to flight. Current JFK ATIS information [had] an Altimeter setting of 29.98. I was the pilot monitoring at the time. We departed JFK airport off of Runway 31L with a climb via clearance on the JFK 1 departure; CRI climb. The aircraft was in level flight at 250 KIAS at 5000 ft MSL as per the SID and the autopilot was engaged. Prior to reaching CRI; NY TRACON (frequency 135.9) issued us a turn to heading 110 and called out traffic to both our aircraft and an Airbus 320 that departed in front of us on a similar route. The controller mentioned a 'VFR Piper' at 5500 feet. Looking ahead on the MFD; I located the traffic on the display indicating 400 feet above and began to visually scan for it. The aircraft was on a course to directly cross our flight path above and I warned the pilot flying to be ready for a TCAS resloution advisory (RA). About the time I located the traffic the TCAS issued a 'Descend' corrective RA which the flying pilot complied with by disconnecting the autopilot and manually descending. I noticed on the TCAS display that the intruder aircraft was getting lower and came as close to 200 to 300 feet directly overflying our aircraft. The TCAS then issued a 'increase Descent' command which was complied with. I had the intruder aircraft in sight and was close enough to see the pilots in the window. The aircraft looked to be a Piper Cherokee in level or possibly in descending flight. We deviated to approximately 4300 feet before given the TCAS 'clear of conflict' message. We reported to ATC of the deviation and the controller mentioned 'he saw that' and issued us a climb to 17000 ft. The flight continued on as planned. On landing; I reviewed the ATC tape from the incident on a ATC audio website and found the identification of the intruder aircraft. The pilot and destination of the intruder aircraft was unknown.As our aircraft autopilot was engaged in ALTS mode at 5000 ft. and the correct altimeter setting of 29.98 was set on 3 altimeters; I have reason to believe that the intruder aircraft; was descending from its assigned altitude of 5500 feet at the time. Given that in general; aircraft less than 1000 ft. vertical separation will issue at least a preventive RA in a TCAS equipped aircraft. Adequate vertical and horizontal separation from other aircraft should be provided by ATC especially concerning VFR aircraft operating directly within the departure corridor south and in the vicinity of JFK.


Second narrative: I suggest NO VFR traffic at that altitude in the 'beach' corridor at that altitude with multiple large and heavy jet traffic departing SW; S; and E out of JFK.


Synopsis: A CRJ-700 departed JFK and was level at 5;000 feet on a vector when a Controller alerted about VFR traffic at 5;500 feet. The VFR traffic descends unexpectedly causing a TCAS RA and a near miss.