This is a review under article 78 of the Civil Practice Act of a determination of the Commissioner of Education suspending petitioner's license to practice medicine. Charges were filed against petitioner alleging violation of subdivision 2 of section 1264 Educ. of the Education Law, in that he advertised for patronage by means of handbills, posters, circulars, letters, etc. After a hearing before the Medical Grievance Subcommittee, that body filed a report sustaining the charges. The report was unanimously approved by the Medical Grievance Committee and, in turn was approved by the Board of Regents. On the hearing certain investigators testified as to petitioner's violation of the statute. It appeared that these investigators had made written reports to their superiors. Petitioner endeavored to obtain these reports for the purpose of cross-examination. The request was denied on the ground that such reports were confidential. In our opinion petitioner should have been accorded the opportunity to examine the reports and to make use of them in the examination and cross-examination of witnesses. In a doubtful case the refusal to accord such right to a petitioner would be sufficient to warrant annulment of the proceeding. Notwithstanding the error we are of the opinion that the determination in the present case should be confirmed because of the great weight of credible evidence. Determination confirmed, without costs. All concur.