Although the Court of Appeals’ decision as to the unconstitutionality of New York’s death penalty statute was bigger news today, its decision in Stejskal v. Simons demonstrates the Court’s sua sponte merits procedure at work. Stejskal involved the homeowner’s exception to Labor Law sections 240(1) and 241(6) where the plaintiff injured himself while converting a multi-unit dwelling to a one-family dwelling. The Appellate Division, with two Justices dissenting on the applicability of the exception, held the exception applied. The two Justice dissent got the case to the Court, but the Court had already spoken on the issue in Khela v. Neiger. Therefore, the sua sponte merits procedure set forth in 500.4 of the Court’s rules was the most appropriate vehicle to handle this appeal.