A motion to extend time to file was granted on 12-15-2011. Filing of appeal is now set to Jan. 26, 2012.
Additionally, it appears Mr. Osterweil has read this thread and emailed the following clarification:
In your discussion of Osterweil v Bartlett, you failed to fully understand the issue. The 2nd CCA previously ruled as constitutional the New York statute which makes domicile the requirement to possess a handgun. The type of "home" is not relevant to the argument. The issue here is whether, under McDonald and Heller, a part time resident of New York will be permitted to possess a handgun in his part time residence.
I suspect it is time for me to go back and reread the pleadings.