The elderly son of the late Brooke Astor will soon be wearing prison stripes after the state’s highest court turned down his plea for an appeal.
Anthony Marshall, 88, petitioned the Court of Appeals to overturn a 2009 conviction for attempting to swindle $60 million from his mother.
Judge Robert Smith denied the appeal petition by Marshall and his former attorney Francis Morrissey, whom he installed to carry out the fraud, Court of Appeals spokesman Gary Spencer told The Post.
Judge Smith did not explain his decision, issued Friday.
The parties were notified by mail last week and Marshall has to surrender for execution of sentencing on June 17.
He has been living with his wife Charlene in their Upper East Side apartment during the appeals process.
The wayward son faces up to three years in the clink, the minimum sentence for his grand larceny for stealing $5.75 million that Astor had set aside for donations.
The defendants took advantage of Astor “when they knew her physical and mental condition” were deteriorated, a lower court judge wrote in March.
Marshall also gave himself a $2 million pay raise and bought a 55-foot yacht with his mom’s purse.
The wheelchair bound son had begged judges to spare him the jail time given his age, health, military service and lack of prior criminal history.