In a labor and employment action, brought by a former Assistant Solicitor General in the New York Office of the Attorney General against her former employer and alleging discrimination under the Rehabilitation Act of 1973, 29 U.S.C. section 701 et seq., the district court's denial of defendant's motion to dismiss is affirmed where the district court's ruling that it retains subject matter jurisdiction under the Government Employee Rights Act is not a final order and not subject to the collateral order doctrine.