Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 10 of 35 pursuant to Rule 56. In considering a motion to dismiss, the Court may rely on the factual allegations set forth in the complaint itself and not on additional matters asserted in affidavits, exhibits conjunction with York:, the or motion. other papers See !"_riedl submitted v. City of in New 210 F.3d 79, 83-84 (2d Cir. 2000). Because both sides have submitted substantive declarations or other materials not included in the Complaint, the Court considers the Government's motion as one for summary judgment. The Court may grant summary judgment only if it finds that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). The role of a court in ruling on such a motion "is not to resolve disputed issues of but to assess whether there are any factual tried, issues to be while resolving ambiguities and drawing reasonable inferences against the States Fire Ins. Co., moving party." 804 F.2d 9, moving party bears the burden of issue of material paucity fact of fact evidence exists (2d Cir. proving that or that presented rational factfinder could find 11 Knight by by the v. United 1986). The no genuine reason of the non-movant, no in favor of the non-moving - 10 -