Dean Skelos, right, and attorney Robert Gage Jr. leave federal court after Skelos' May 2016 sentencing. Dean Skelos, right, and attorney Robert Gage Jr. leave federal court after Skelos' May 2016 sentencing. Photo: Rick Kopstein/ALM

Dean Skelos, the convicted former New York state Senate majority leader, will be released from federal prison and has been approved for home confinement, prosecutors reported in court filings. 

The filing—which indicated that the federal agency was also mulling the possibility of keeping Skelos in custody—was the latest in a back-and-forth over whether the ex-lawyer would be released after testing positive for COVID-19.

Federal prison officials announced their decision one day after U.S. District Judge Kimba Wood of the Southern District of New York on April 24 set a firm Monday deadline for the federal Bureau of Prisons to tell the court whether Skelos, an ex-Long Island attorney, would be granted furlough or home confinement.

Skelos has been represented by Robert Gage Jr. of Gage Spencer & Fleming in New York.

Skelos, 72, who served in the state Senate as a Republican from Nassau County, will be released Thursday or sometime before that day, according to the letter from prosecutors. It was unclear Monday morning whether Skelos has already been released. 

The filing indicated the federal agency could have also decided that Skelos remain in custody.

Skelos was convicted in 2018 and found guilty of pressuring companies to provide jobs to his son. The companies had business before the state. 

There have been conflicting messages this month over whether Skelos would be released from federal prison. 

Last week, prosecutors reported the federal prison agency "has not made a final determination regarding whether Skelos will be furloughed, and that it now appears unlikely that he will be granted home confinement in addition to any furlough."

Prosecutors said the prison agency did not think Skelos would be eligible for home confinement under an updated guidance. 

But days before that message, prosecutors said the agency informed them that Skelos would be approved for furlough and home confinement.

Skelos has not exhibited COVID-19 symptoms since about April 8, prosecutors reported to the court earlier this month.

In a Thursday letter, attorneys for Skelos said the man is experiencing costochondritis symptoms. Costochondritis, which can be known as "chest wall pain," is an inflammation of cartilage connecting a rib to the sternum, according to the Mayo Clinic. The attorneys said Skelos has not received treatment for this conduction from the federal prison agency. 

The attorneys on Thursday reported Skelos is in solitary confinement with one other person and is only allowed one hour out of his cell every other day.

"Skelos remains in a situation fraught with risk for reinfection or other related health problems," the attorney wrote in the Thursday letter.

Earlier this month, Skelos' attorneys argued he should be given a compassionate release, saying that scientists do not have a specific conclusion on how long COVID-19 antibodies last.

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