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New York, 5:18 AM
Fri Dec 4
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09/13/09
08/15/09
It's there responsibility to see and avoid. They can request flight following and advisories from control - but are under no obligation to use it. I don't know this area well but flight following almost always comes from departure/approach control - and rarely tower. (Towers see airport operations)
I'm hold a private pilot's license, and it sounds like they found a fun "cellphone controller" scapegoat. From what I see there's no huge blame to place - it was a simple high wing/low wing type accident.
The same thing happened in Denver with two small planes about seven years ago.