NMAC BETWEEN ACR-MLG AND GA-SMA UNAUTH IN TCA.

Narrative

FLT WAS UNDER POSITIVE CTL OF NY APCH CTL IN THE NY TCA AT ASSIGNED ALT OF 6000' MSL ON AN ASSIGNED HDG OF 190 DEGS MAG. FLT CONDITIONS CAVU. LCL ALTIMETER SETTING 30.23. VHF FREQ 120.15. FLT CREW WAS INVOLVED WITH PREAPCH COCKPIT DUTIES AND MONITORING PROGRESS OF OTHER IFR AIR TRANSPORT ACFT AHEAD ALSO INBND TO EWR. NO OTHER IFR OR VFR TFC HAD BEEN RPTED BY ATC. I VISUALLY REQUIRED AN SMA AT MY 11 O'CLOCK POS AT CLOSE RANGE. THE ACFT WAS AT THE SAME ALT AND ON COLLISION BEARING. I DISCONNECTED THE AUTOPLT; CLBED 300' AND TURNED 20 DEGS RIGHT TO PASS ABOVE AND AHEAD OF THE SMA. IT MADE NO EVASIVE ACTION. THE ACFT WAS IN LEVEL FLT AT 6000' HDG APPROX 270 DEGS MAG ON THE SPARTA 190 DEG R AT 16 NM AT XA35Z. ATC WAS ASKED IF THEY HAD ANY TFC IN THE AREA AND THE CTLR SAID HE HAD BEEN RECEIVING AN INTERMITTENT TARGET RPTED TO BE WELL BELOW US. WE RPTED THE EVASIVE ACTION REQUIRED TO AVOID COLLISION. CLOSEST SEP WAS APPROX 300' VERT AND HORIZ. THE SMA HAD BEEN VISUALLY BLANKED BEHIND THE COCKPIT WINDOW DIVIDER UNTIL CLOSE ENOUGH TO BE A LARGER TARGET THAN THE OBSCURED AREA. THE SMA WAS IN VIOLATION OF THE NY TCA. IT SHOULD HAVE BEEN RPTED TO US BY ATC EVEN THOUGH VFR.