OPINION
SWEET, District Judge.
In this action plaintiff M.C. Zapata ("Zapata") challenges the payment terms of the New York State Lottery ("Lottery"). Defendants John D. Quinn, Director of the New York State Lottery, and the State of New York (collectively the "State") have moved pursuant to Rules 12(b) and 56 Fed. R.Civ.P. for dismissal of this action. For the reasons set forth below, the action is dismissed.
Zapata, a citizen of Colombia, South...
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