CAPT OF A LEARJET; LR24; CLBED INTO CLASS B AIRSPACE WITHOUT CLRNC AFTER APCH CTL ASSIGNED A XPONDER CODE DURING A VFR DEP IN WHICH THE FO HAD REQUESTED AN IFR CLRNC.

Narrative

EARLY MORNING TKOF OUT OF ARPT UNDERLYING NEW YORK'S CLASS B AIRSPACE. COULD NOT PICK UP CLRNC WHILE ON GND SO DEPARTED VFR AND GOT A HOLD OF NEW YORK APCH THROUGH OR POSSIBLY PRIOR TO REACHING 2000 FT. NEW YORK ANSWERED WITH A SQUAWK CODE; BUT HAD NOT CLRED US THROUGH CLASS B YET. THE CAPT CONTINUED CLB TO 4000 FT WHEN NEW YORK APCH ALERTED US THAT WE WERE ALREADY IN THEIR AIRSPACE. APCH THEN GAVE US AN ALT AND OUR CLRNC. IT HAD BEEN A LONG DAY AND IT WAS EARLY AM. THERE'S ALSO A LOT GOING ON AS FAR AS RESPONSIBILITIES GO IN THE COCKPIT IN A JET AS FAST AS THE LEAR. AS COPLT; I WAS TRYING TO CONTACT NEW YORK; RUN CHKLISTS; NAV; AND ASSIST THE CAPT ALL AT THE SAME TIME. WHEN WE REALIZED WE WERE IN NEW YORK'S AIRSPACE; WE IMMEDIATELY TOOK CORRECTIVE ACTION TO STOP CLBING. APPARENTLY; THE CAPT ALSO THOUGHT THAT SINCE NEW YORK HAD ACKNOWLEDGED US AND GIVEN A SQUAWK CODE THAT WE WERE OKAY; WHEN IN FACT; WE HAD NOT BEEN GIVEN AN ASSIGNED ALT YET OR CLRNC THROUGH CLASS B. I GUESS THERE WAS SOME CONFUSION AS TO EXACTLY WHEN YOU ARE NOT CONSIDERED VFR; RATHER ON AN ACTIVE IFR FLT PLAN.