POTENTIAL CONFLICT BTWN A DSNDING A330-300B CARGO FLT AND A MIL FALCON JET ON A VISUAL SEPARATION CLB THROUGH OCCUPIED ALT AT 16000 FT; 35 MI NE OF MANTA INTXN; NJ.

Narrative

ZNY (128.3) CLRED US (ACFT #1) TO 16000 FT; AFTER XING 35 NM NE OF 'MANTA' INTXN AT FL200; ON A DIRECT COURSE TO 'MANTA.' (ACFT #2); A FALCON JET; WAS GIVEN OUR ACFT #1 AS TFC AND RECEIVED A CLB CLRNC FROM (128.3 NYC) THROUGH OUR ALT. AFTER RESPONDING HE (ACFT #2) HAD OUR ACFT (#1) IN SIGHT. WE BEGAN SEARCHING TCASII AND VISUALLY ACQUIRING TCASII TARGET RAPIDLY APCHING OUR ACFT (#1) FROM 12 O'CLOCK POS; WITHIN 10 NM. TCASII TARGET RAPIDLY CHANGED TO 'AMBER' AS HE LEVELED OFF SLIGHTLY AT OUR ASSIGNED ALT OF 16000 FT. TCASII 'AMBER' TARGET RAPIDLY CHANGED TO 'RED;' WITH AN 'RA;' CALLING FOR 'CLB; CLB.' AS AUTOPLT WAS DISCONNECTED AND NOSE RAISED TO RESPOND TO TCASII RA; OTHER COCKPIT CREW VISUALLY ACQUIRED MIL FALCON JET (ACFT #2) AT OUR ALT AT 1-2 O'CLOCK POS; AS HE BANKED SHARPLY TO HIS L; ABOUT 30-45 DEG BANK. HE PASSED US TO R SIDE; ABOUT 16200 FT; WITHIN 2 NM; OR LESS. ZNY KEPT ASKING MIL FALCON JET (ACFT #2) IF HE HAD US VISUALLY. PAX IN BACK; R SIDE; COMMUNICATED TO FO; 'THAT MIL FALCON PASSED PRETTY CLOSE!' OUR ALTDEV WAS NOT MORE THAN 200 FT.