If an existing franchise contains an option to renew in favor of the franchisee, the franchisee may seek commission approval for a renewal pursuant to said option provided that the option is timely exercised and an application to the commission is made within 30 days thereof. An option to renew may not be exercised by the franchisee sooner than 36 months prior to the expiration of the existing franchise.
N.Y. Comp. Codes R. & Regs. Tit. 16 § 891.3