Opinion
February 8, 1993
Appeal from the Surrogate's Court, Kings County (Bloom, S.).
Ordered that the decree is affirmed, with costs payable by the objectant personally.
Contrary to the appellant's assertion, the record supports the jury's finding that the will dated January 3, 1985, was not procured by the undue influence of Bernice Baptiste. The record is devoid of any evidence, direct or circumstantial, of undue influence, and it is well settled that "no inference of undue influence may be drawn from the fact that proponents had the opportunity and motive, absent evidence that such influence was actually utilized" (Matter of Bush, 85 A.D.2d 887, 889; see also, Matter of Posner, 160 A.D.2d 943, 944; Matter of Walther, 6 N.Y.2d 49, 55).
The appellant's remaining contentions are unpreserved for appellate review or without merit. Bracken, J.P., Rosenblatt, O'Brien and Copertino, JJ., concur.