Flight Crew Private
Flight Crew Last 90 Days 30; Flight Crew Total 1460; Flight Crew Type 1460
Conflict Airborne Conflict; Inflight Event / Encounter Weather / Turbulence
Air Traffic Control Issued Advisory / Alert; Flight Crew Took Evasive Action
Human Factors; Weather
I had a weather briefing and XM weather in the plane. The weather was clear at departure and arrival airports with scattered clouds in the New York City area. I believe the broken or scattered layer was said to be at 5;000 FT. Icing conditions existed from PIREPs as low as 7;000 FT and I think as low as 3;000 by AIRMET. Flying VFR with advisories from LOM to ZZZ direct and cleared into the New York Bravo at 5;500. I requested lower to maintain VFR and was cleared to 4;500. I saw more clouds ahead but they were scattered at roughly my altitude. N90 TRACON advised me of Airbus traffic coming down the Hudson at 4;000 and 11 o'clock. No contact. A second traffic awareness call was made notifying me of traffic now at 10 o'clock (can't remember a distance.) That time I spotted the aircraft at my 9 o'clock. At the same time I had to deal with the clouds now right in front of me. I could tell the situation was developing and there was no other option to maintain VFR. I asked for lower to maintain VFR again. I needed about another 300 FT to maintain clear of clouds. I descended to 4;200 FT maintaining visual separation from the traffic. N90 TRACON asked me to call them from the ground when I arrived at my destination. I called them and talked through the scenario with them. The other aircraft turned out to be a Boeing 767 I believe. I am not sure what I could have done differently. N90 TRACON said that the aircraft TCAS went off in the cockpit and he was startled. I do not know if he ever saw me but I watched him the entire time pass behind me. Maybe there was another option but turning away from the traffic I would not be able to see him; turning toward the traffic would have closed the gap. I did not start a descent until I was sure I saw the traffic because we were only vertically separated by 500 FT. Once I saw him I knew it was clear to descend and stay out of the clouds. I believe the other pilot was shaken up and I am not sure what could have been done more safely.
Private pilot reports encountering unforecast clouds at his level during an east bound flight through the New York Class B at 5;500 FT. A clearance to 4;500 FT is obtained but lower clouds necessitate a further descent to 4;200 FT causing a TCAS event with a B767 on arrival.