Flight Crew Private
Flight Crew Last 90 Days 16; Flight Crew Total 92; Flight Crew Type 91
Situational Awareness; Distraction; Confusion; Communication Breakdown
Airspace Violation All Types
Air Traffic Control Provided Assistance
Airspace Structure; Procedure; Human Factors
I was cruising VFR eastbound along the south shore of Long Island at 3500 MSL; and receiving VFR traffic advisories from New York Approach with a discrete squawk code.  After passing 87N I informed the controller I was descending to 2500 MSL in order to avoid scattered clouds.  I subsequently informed the controller I would be reversing course to return westbound along the south shore; and did not note a change in altitude.I overlooked that my course and 2500 MSL altitude would have me crossing into the FOK Class D; which extends to 2600 MSL over the south shore.  In hindsight; while in two way contact with Approach for flight following I may have relaxed my airspace vigilance.  Upon inadvertently entering the FOK Class D the controller instructed to climb at or above 2600 MSL and to remain clear of FOK.  I then climbed to 2600+ to exit the top of the KFOK Class D.It is unclear to me whether this qualifies as a pilot deviation into the FOK Class D.  I was in two-way communication with the ATC controller responsible for FOK approach; and this controller was made aware of my intended altitude and flight path.  I did not however explicitly inform of intended transit through the FOK Class D and do not know if the approach controller coordinated with FOK tower; who would be the ATC facility 'having jurisdiction'.  It is unclear from the applicable regulations whether the Approach/TRACON controller also qualifies as the ATC facility responsible for the Class D; especially in a VFR advisory context (not IFR or other positive control).  Because of this ambiguity; in the future I will plan to explicitly inform the approach controller in advance of my flight path transiting Class D or C airspace; to either receive acknowledgment or instruction to remain clear.
Pilot reports of advising ATC while under flight following that he was descending to avoid clouds.  While doing so he entered a Class D airspace.