You're not wrong to notice it, but I'd push back on the sidewalk suggestion—riding on the sidewalk there is both illegal and dangerous for pedestrians, especially near the subway entrance. The missing flex post at 2nd and 96th is part of a known conflict zone. The bike lane hugs the left side of a right-turn-only lane, so any gap in separation invites drivers to cut the corner early. I've reported this exact spot via the 311 app under Bike Lane Obstruction and emailed the DOT borough commissioner's office. The standard response is that they'll 'monitor' it, which means nothing until the next scheduled repainting.
What actually helps: request a hardened delineator or mini concrete island in addition to a replacement flex post. DOT has installed these at a few high-issue intersections when there's enough volume and complaint history. You can also bring it to Community Board 8's transportation committee meeting—they meet monthly and have a public comment period. I've done that for a different crossing and it got a DOT representative to commit to a site visit.
For now, my practical advice is to control the lane earlier, about 150 feet before the intersection. Signal clearly, get into the middle of the travel lane, and do not hug the curb. Drivers will honk, but they'll wait. Also, keep your phone mounted or accessible; if someone passes too close, a rear camera clip gives you something to send to 311 and the precinct's traffic safety officer. It's not fast, but the paper trail matters.