Anthony Marshall, son of the late New York City socialite Brooke Astor, is facing prison time at age 88.

Marshall's appeal of his 2009 fraud conviction for attempting to take tens of millions of dollars from his mother's estate in 2007 was denied Tuesday by a New York state appeals court, Reuters reported.

Marshall asked to be spared prison time due to his age, frail health and status as a first-time offender. The court did dismiss one count of second-degree larceny against Marshall, but he still could face up to three years in prison.

Marshall was accused of stealing money from his mother’s estate after Astor, suffering from Alzheimer's disease, signed amendments to her will giving him tens of millions of dollars and rights to real estate properties.

Marshall claims he didn’t force his mother to alter her will, but he was convicted of grand larceny and falsifying business charges.

The Manhattan District Attorney’s Office said the trial raised awareness of elder abuse, particularly financial fraud perpetrated by relatives.

Marshall’s attorney, John Cuti, said following the appeal Tuesday he will be seeking alternatives to incarceration for his client. It is currently unknown whether Marshall’s attorneys will seek extension of his bail.

Astor was a famous philanthropist and died in 2007 at the age of 105. She appeared in the 1985 documentary “Empire City," a film essay about leading New York cultural figures.

In 2012, after a five-year legal battle, Marshall was awarded $14.5 million inheritance from his mother’s estate, while $100 million went to the New York Public Library, the Metropolitan Museum of Art, Central Park and other charities, schools and institutions.