Judgment of divorce, Supreme Court, New York County (John E.H. Stackhouse, J.), entered December 10, 2003, inter alia, distributing the marital property and awarding custody of the parties’ child to defendant father, unanimously affirmed, without costs.
The trial court’s finding that awarding custody of the parties’ daughter to defendant father would be in the child’s best
Although plaintiff contends that certain property should have been treated as separate and shielded from equitable distribution, she did not carry her burden (see DeJesus v DeJesus, 90 NY2d 643, 648 [1997]; Kurtz v Kurtz, 1 AD3d 214 [2003]) to demonstrate that the property at issue was in fact separate.
The trial court correctly imposed certain conditions on plaintiffs participation in the sale of the marital residence, in particular upon plaintiffs ability to bid at the sale, given her dilatory conduct throughout the prior proceedings.
We have considered plaintiffs remaining points and find them unavailing. Concur—Mazzarelli, J.P., Marlow, Ellerin, Gonzalez and Catterson, JJ.
