SPAIN, J.
Following a tier II hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules that prohibit smuggling, damaging State property, theft of State property and possession of stolen property. According to the misbehavior report authored by the facility librarian, the charges stem from an incident wherein petitioner attempted to mail an envelope containing portions of a damaged library book. The determination of guilt was affirmed upon administrative appeal and petitioner thereafter commenced this CPLR article 78 proceeding.
We confirm. Contrary to petitioner's contention, substantial evidence of his guilt was furnished by the misbehavior report detailing the mailroom clerk's discovery of the envelope, the library report summarizing the incident and petitioner's admission that he attempted to mail the damaged book to a relative (see, Matter of Webb v. Goord, 254 A.D.2d 551, appeal dismissed 93 N.Y.2d 849; Matter of Jackson v. Dufrain, 221 A.D.2d 778). Petitioner's testimony that the cover and multiple pages were missing from the book when he checked it out, as well as the testimony of an inmate porter indicating that petitioner complained about the missing pages, merely created a credibility issue for the Hearing Officer to resolve (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966).
Finally, petitioner's challenge to the misbehavior report and his claim that he was denied the testimony of witnesses were not raised at the disciplinary hearing and are therefore not preserved for our review (see, Matter of Stanislas v. Senkowski, 253 A.D.2d 972; Matter of Odom v. Goord, 243 A.D.2d 1019). In any event, were we to consider the merits, we would find that the mailroom clerk's failure to file her own misbehavior report or to endorse the one prepared by the librarian does not warrant annulment since petitioner has failed to demonstrate any resulting prejudice (see, Matter of Parker v. Laundree, 234 A.D.2d 727; Matter of Smith v. Walker, 209 A.D.2d 799, lv denied 85 N.Y.2d 807). Moreover, the record discloses that petitioner waived his right to call the librarian and the mailroom clerk as witnesses by failing to request their testimony at the hearing (see, Matter of Faison v. Stinson, 221 A.D.2d 746, 747).
Petitioner's remaining contentions, including his claim that the administrative proceedings were tainted by bias, have been considered and rejected as lacking in merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.