Is a complainant ignoring a notice of appearance a cause of action to move to dismiss?

I am an attorney in the NY area, so perhaps I can explain things here.

You were served through your attorney. Your attorney is your attorney until he is relieved. You are not your own attorney until a judge names you as such on the record - that will require that the judge have you execute a full waiver of your right to counsel on the record and also determine that you are competent to defend yourself.

As long as you have an attorney, a prosecutor need not respond to any correspondence neither served by your attorney nor adopted by him.

"I am almost certain that the complaining witness will not appear in court; this gives me a cause of action to move to dismiss after 90 days"

You may be able to raise a speedy trial or CPL 30.30 claim after 90 days - but not simply because a complainant did not show up. If you read the text of CPL 30.30 (which is specifically where the 90 day deadline comes from) you'll not find the word "complainant". CPL 30.30 mentions nothing more than a prosecutor's readiness for trial. A DA can be ready for trial if he has all the evidence he needs to go forward to try your case. Readiness depends on evidence - not people. Very often a complainant is a necessary witness in a case, but frequently is not and a DA can go forward and go all the way to verdict and sentence without one.

BTW - the 90 day count can be stopped (tolled) for certain periods.

Your question says nothing about the facts of the case and what evidence is needed by the DA. If the DA has evidence that makes your complainant's participation unnecessary than that person's absence and unwillingness will be irrelevant.

"Is there any way I can move to dismiss based on the fact that my Notice of Appearance was ignored by the prosecution, and I was not promptly served with discovery materials requested? Cite any case law if applicable, please."

There would be no case law because your questions present no real issue of law or fact that would have required a formal legal ruling; also there wouldn't be a statute because none exists absolving a DA from having to comply with discovery - on the contrary there are specific rules on discovery and your question fails to describe how any of those laws apply in this case.

Also, dismissal of a case is MOT automatic remedy for an attorney's the failure to comply with discovery laws.

Lastly, as had been mentioned above and by others, service on your attorney is service on you. In fact, the DA could be sanctioned if did speak with you while you were represented by counsel.

"I doubt the district attorney would put a non-cooperating witness on the stand"

Your doubt could prove fatal. It's hardly that rare for a non-cooperative witness to take the stand. Assuming the witness was critical, an ADA will do what's needed to secure their attendance.

Lastly, don't make the mistake of confusing a witness who is willing to drop the case (perhaps even enthused to do so) with one who won't cooperate.

Your notice was NOT ignored.

You WERE SERVED, through your attorney of record. You need to file a notice to the court and the State removing the attoreny as your representtitve, and notifying them of your wish to proceed pro se. A note attached to a motion is NOT enough to remove him as attorney.

If the witness does not appear, BTW, the DA will simply subpoena her. You'd be amazed how many people show up for court when the alternative is jail. so i wouldnt worry about the process of asking for dismissal.

You have a lawyer of record in this case and will until you notify the court otherwise. The DA's office did exactly what they are supposed to do.

Sounds like a question for a lawyer.

Talk to yours or check out avvo.com