Appeal from an order of the Surrogate’s Court, Seneca County (Dennis F. Bender, S.), entered January 15, 2004. The order granted summary judgment to respondents, dismissing the petition.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
The record supports the court’s finding that petitioners failed to raise an issue of fact whether respondent exerted undue influence over decedent (see generally Matter of Walther, 6 NY2d 49, 53-54 [1959]) under New York law. Petitioners make no argument regarding that issue under South Carolina law. Present — Scudder, J.P, Kehoe, Smith, Pine and Hayes, JJ. [See 1 Misc 3d 909(A), 2004 NY Slip Op 50011(U) (2004).]
