kl11003.htm


UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549
 
__________

SCHEDULE 13D
(Rule 13d-101)

INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO
RULE 13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO RULE 13d-2(a)
(Amendment No.3)

Teton Energy Corporation
(Name of Issuer)
 
Common Stock par value $.001
(Title of Class of Securities)
 
881628101
(CUSIP Number)
 
Harris I. Sufian, Esq.
 
FIRST NEW YORK SECURITIES LLC
90 Park Avenue 5th Floor
New York, New York 10022
212-331-6853
(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)


     November 3, 2008     
(Date of Event Which Requires Filing
of this Statement)
 
If the filing person has previously filed a statement on Schedule 13G to report the acquisition which is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(e), 13d-1(f) or 13d-1(g), check the following box:  ¨
 


(Continued on following pages)


 
 

 


CUSIP No.
13D
 
1
NAMES OF REPORTING PERSONS
First New York Securities LLC
 
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
2
    CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP                 (a) [  ]
            (b) [ x ]
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
 
WC (see Item 3)
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) or 2(e)
 
[  ]
6
CITIZENSHIP OR PLACE OF ORGANIZATION
New York
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY EACH
REPORTING
PERSON WITH
7
SOLE VOTING POWER
 
1,559,635
8
SHARED VOTING POWER
 
None
9
SOLE DISPOSITIVE POWER
 
1,559,635
10
SHARED DISPOSITIVE POWER
 
None
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
 
1,559,635
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW 11 EXCLUDES CERTAIN SHARES
 
 [   ]
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
 
7.1%
14
TYPE OF REPORTING PERSON
 
BD


 
 

 


CUSIP No.
13D
 
1
NAMES OF REPORTING PERSONS
Thomas F. Donino
 
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
2
    CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP        (a) [  ]
                                       (b) [ x ]
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
 
AF (see Item 3)
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) or 2(e)
 
[  ]
6
CITIZENSHIP OR PLACE OF ORGANIZATION
 
United States
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY EACH
REPORTING
PERSON WITH
7
SOLE VOTING POWER
 
436,632
8
SHARED VOTING POWER
 
None
9
SOLE DISPOSITIVE POWER
 
436,632
10
SHARED DISPOSITIVE POWER
 
1,234,635
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
 
1,671,267
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW 11 EXCLUDES CERTAIN SHARES
 
 [   ]
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
 
7.6%
14
TYPE OF REPORTING PERSON
 
IN


 
 

 


CUSIP No.
13D
 
1
NAMES OF REPORTING PERSONS
BATL Management LP
 
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
2
    CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP        (a) [  ]
                                                       (b) [ x ]
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
 
WC (see Item 3)
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) or 2(e)
 
[  ]
6
CITIZENSHIP OR PLACE OF ORGANIZATION
 
Delaware
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY EACH
REPORTING
PERSON WITH
7
SOLE VOTING POWER
 
220,568
8
SHARED VOTING POWER
 
None
9
SOLE DISPOSITIVE POWER
 
220,568
10
SHARED DISPOSITIVE POWER
 
None
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
 
220,568
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW 11 EXCLUDES CERTAIN SHARES
 
 [   ]
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
 
1.0%
14
TYPE OF REPORTING PERSON
 
PN


 
 

 


CUSIP No.
13D
 
1
NAMES OF REPORTING PERSONS
Lee Higgins
 
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
2
    CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP        (a) [  ]
                                                       (b) [ x ]
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
 
PF (see Item 3)
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) or 2(e)
 
[  ]
6
CITIZENSHIP OR PLACE OF ORGANIZATION
 
United States
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY EACH
REPORTING
PERSON WITH
7
SOLE VOTING POWER
 
80,830
8
SHARED VOTING POWER
 
None
9
SOLE DISPOSITIVE POWER
 
80,830
10
SHARED DISPOSITIVE POWER
 
325,000
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
 
405,830
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW 11 EXCLUDES CERTAIN SHARES
 
 [   ]
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
 
1.8%
14
TYPE OF REPORTING PERSON
IN
 

 
 
 

 

Schedule 13D
 
Item 1.    Security and Issuer.
 
This Amendment No. 3 to Schedule 13D, is being filed by the undersigned to amend and supplement the Statement on Schedule 13D filed by First New York Securities LLC ("FNYS"), BATL Management LP ("BATL") and, Thomas F. Donino ("Mr. Donino" and together the "Original Reporting Persons"), on June 6, 2007 (as amended by Amendment No. 1, filed by the Original Reporting Persons and Lee Higgins ("Mr. Higgins" and together with the Original Reporting Persons, the "Reporting Persons") on February 5, 2008, and Amendment No. 2 filed by the Reporting Persons on March 18, 2008, collectively the "Statement"), with respect to the common stock, par value $0.001 (the “Common Stock”), of Teton Energy Corporation., a Delaware company (the “Company”).  The principal executive offices of the Company are located at 410 17th Street, Suite 1850, Denver, Colorado 80202.
 
Item 2.    Identity and Background
 
The third paragraph of Item 2 of the Statement is hereby amended and restated as follows:
 
Mr. Donino, whose business address is 90 Park Avenue, 5th Floor, New York, New York 10016, is a member of FNYS, who shares discretionary authority over certain of its trading accounts.  Mr. Donino is also solely responsible for the investment activities of BATL (see below), and the following accounts: Thomas Donino C/F Brittany Donino UGMA/NY; Thomas Donino C/F Alyson Donino UGMA/NY; and Thomas F. Donino IRA JPMCC CUST. (collectively, the “Donino Accounts”).

The fourth paragraph of Item 2 of Amendment No. 1 is hereby amended and restated as follows:
 
Mr. Higgins, whose business address is 90 Park Avenue, 5th Floor, New York, New York 10016, is a Partner of FNYS, who shares discretionary authority over certain of its trading accounts.  Mr. Higgins is also solely responsible for the investment activities of the Lee Higgins UTMA for Kylie Higgins, Lee Higgins Rollover IRA and Lee Higgins Joint Account. (collectively, the “Higgins Accounts”).
 
Item 3.    Source and Amount of Funds or Other Consideration.
 
The information contained in Item 3 of the Statement is hereby amended and supplemented as follows:
 
Since March 18, 2008, the amount of funds expended by FNYS was $1,557,708.10; by BATL was $21,125.26; by Mr. Donino for the Donino Accounts was $758,928.97; and by Mr. Higgins for the Higgins Accounts was $114,577.50.
 
Item 5.    Interest in Securities of the Issuer.
 
The information contained in Item 5 is hereby amended and restated in its entirety.
 
(a)           As of November 6, 2008, the Reporting Persons beneficially own an aggregate of 2,077,097 shares of Common Stock, representing approximately 9.5% of the outstanding
 
 
 
 

 
 
Common Stock.1  FNYS beneficially owns 1,559,635 of such shares, representing approximately 7.1% of the Common Stock outstanding, Mr. Donino beneficially owns 1,671,267 of such shares, representing approximately 7.6% of the Common Stock outstanding, BATL beneficially owns 220,568 shares, representing approximately 1% of the Common Stock outstanding and Mr. Higgins beneficially owns 405,830 shares of Common Stock, representing approximately 1.8% of the outstanding Common Stock.
 
(b)           Mr. Donino shares dispositive power over 1,234,635 shares of Common Stock owned by FNYS.  As Managing Partner of BATL, Mr. Donino has sole voting and dispositive power over the 220,568 shares of Common Stock owned by BATL.  By virtue of his control over the Donino Accounts, Mr. Donino has voting and dispositive power over 27,364 shares of Common Stock, which includes 10,700 held in custody for each of his children, Brittany Donino and Alyson Donino.  Mr. Donino disclaims beneficial ownership of the shares of Common Stock owned by FNYS, BATL and the Donino Accounts, except to the extent of his actual economic interest therein.

Mr. Higgins shares dispositive power over 325,000 shares of Common Stock owned by FNYS.  By virtue of his control over the Higgins Account, Mr. Higgins has voting and dispositive power over 80,830 shares of Common Stock.  Mr. Higgins disclaims beneficial ownership of the shares of Common Stock owned by FNYS and the Higgins Account, except to the extent of his actual economic interest therein.

(c)           Except for the transactions set forth in Schedule I annexed hereto, none of the persons identified in Item 2 has effected any transactions in the Common Stock during the past 60 days.  All such transactions were effected in the open market.
 
(d)           Not applicable.
 
(e)           Not applicable.
 
Item 7.    Material to be Filed as Exhibits.
 
The information contained in Item 7 of the Statement is hereby amended and supplemented as follows.
 
A. 
Agreement of joint filing, dated November 6, 2008, pursuant to Rule 13d-1(k) of the Securities Exchange Act of 1934, as amended.
 
 
 
 
 
 
 
 
 
-------------------------------------------------
1 Based on 21,938,002 shares of common stock outstanding as reported in the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2008.
 
 
 

 
 
SIGNATURES
 
 
After reasonable inquiry and to the best knowledge and belief of the undersigned, the undersigned certifies that the information set forth in this Statement is true, complete and correct.
 
Date:  November 6, 2008
 

                                                    FIRST NEW YORK SECURITIES L.L.C.

                                                    By: /s/ Harris I. Sufian                                                                                            
                                                       Name: Harris I. Sufian
                                                       Title: Managing Member


                                                    BATL MANAGEMENT LP

                                                    By: /s/ Thomas F. Donino                     
                                                       Name: Thomas F. Donino
                                                       Title:   Managing Partner


                                                    /s/ Thomas F. Donino                           
                                                    Thomas F. Donino
 

                                                    /s/ Lee Higgins                                      
                                                    Lee Higgins
 
 

 
 
 

 

SCHEDULE I


All transactions reported in this Schedule were effected on the American Stock Exchange and on one or more electronic communication networks.
               
This table sets forth information with respect to each purchase of Common Stock which was effectuated by First New York Securities LLC in the last 60 days.
               
 
Trade Date
Buy/Sell
Quantity
Price per
share ($)
Net Amount
   
Account No. 1010166922
             
 
09/29/08
B
16,400
2.74
45,396.84
   
 
09/30/08
B
18,590
2.92
54,890.69
   
 
09/30/08
B
5,479
2.83
15,499.72
   
 
10/01/08
B
10,000
2.97
29,827
   
 
10/02/08
B
50,000
2.65
134,070
   
 
10/02/08
B
5,000
2.79
13,943.50
   
 
11/03/08
B
2,500
1.5
3,770
   
 
11/03/08
B
64,800
1.57
102,338.64
   
               
Account No. 1010177127
             
 
10/14/08
B
295,000
2.17
640,150
   
 
10/24/08
B
2,600
1.8
4,680
   
 
10/28/08
B
13,800
1.40
19,254.70
   
 
10/29/08
B
6,600
1.54
10,143
   
 
10/30/08
B
5,000
1.56
7,823
   
               

This table sets forth information with respect to each purchase of Common Stock which was effectuated by BATL
Management LP in the last 60 days.
                     

 
Trade Date
Buy/Sell
Quantity
Price per
share ($)
Net
Amount
   
                 
 
 
11/03/08
B
13,668
1.54
21,125.26
   



 
 

 



This table sets forth information with respect to each purchase of Common Stock which was effectuated by Mr. Higgins
for the Higgins Accounts in the last 60 days.


Trade Date
Buy/Sell
Quantity
Price per share ($)
Net Amount
         
10/28/08
B
1,500.00
1.50
2250
11/03/08
B
3,330.00
1.45
$4,828.50
11/03/08
B
5,000.00
1.55
$7,750.00
11/03/08
B
5,000.00
1.56
$7,800.00
11/03/08
B
10,000.00
1.54
$15,400.00







 
 
 
This table sets forth information with respect to each purchase of Common Stock which was effectuated by Mr. Donino
for the Donino Accounts in the last 60 days.


Trade Date
Buy/Sell
Quantity
Price per share ($)
Net Amount
         
10/21/08
S
20,000
2.10
41,847.76
11/03/08
B
90,000
1.54
139,104

 
 

 

 
Exhibit A
Agreement of Joint Filing

Pursuant to Rule 13d-1(k) promulgated under the Securities Exchange Act of 1934, as amended, the undersigned persons hereby agree to file with the Securities and Exchange Commission the Statement on Schedule 13D (the “Statement”) to which this Agreement is attached as an exhibit, and agree that such Statement, as so filed, is filed on behalf of each of them.
 

IN WITNESS WHEREOF, the undersigned have executed this Agreement.

Dated:  November 6, 2008
 
 

                                                    FIRST NEW YORK SECURITIES L.L.C.

                                                    By: /s/ Harris I. Sufian                                                                                            
                                                       Name: Harris I. Sufian
                                                       Title: Managing Member


                                                    BATL MANAGEMENT LP

                                                    By: /s/ Thomas F. Donino                     
                                                       Name: Thomas F. Donino
                                                       Title:   Managing Partner


                                                    /s/ Thomas F. Donino                           
                                                    Thomas F. Donino
 

                                                    /s/ Lee Higgins                                      
                                                    Lee Higgins