The defendant appeals from an order denying his late filed motion to vacate a judgment that had been previously affirmed by a panel of this court. In an unpublished decision, (Independence Seaport Museum v. Carter, 76 Mass. App. Ct. 1125 [2010]), we affirmed the allowance of summary judgment for the plaintiff for numerous failures by the defendant to comply with the rules of appellate procedure, and for his failure 'to present below any affidavits or other materials to contradict the factual assertions of the plaintiff.' Ibid. The defendant seeks to relitigate issues that were considered and rejected by the trial judge and this court. Because the defendant's motion is untimely and his case is not strengthened by his unsubstantiated allegations of fraud and other forms of misconduct, we affirm the order denying the defendant's motion to vacate judgment.