I always figured he would have been killed , he killed Phil in front of his wife and family. There's no way n.y would let that slide , just seems like the mafia way to do things . Use Tony to clip Phil for going to war , than clip Tony in front of his family . Kinda seems like a don Bruno and caponigro type of situation. ..well similar in a sense . Obviously just my opinion but that's kind of what I got from that last scene.